Employers May Face Higher Damages in NLRB Cases

In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel (“GC”) of the National Labor Relations Board (“Board” or “NLRB”) directs the Regions to seek additional remedies from the Board in unfair labor practice litigation. The additional remedies discussed in the Memorandum would significantly increase the financial exposure risks that employers face in those proceedings. In essence, the Memorandum directs the Regions to seek additional and much more burdensome and costly remedies against employers in complaints alleging three types of unfair labor practice: a) unlawful firings of discriminatees; b) unlawful conduct committed during union organizing drives; and c) unlawful failures to bargain. To learn more, click here.

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