NLRB Offers Guide For Remedies Against Repeat Violators

Friday, April 28, 2023

Jeremy Glenn discussed with Law360 how the US Equal Employment Opportunity Commission (EEOC) mapped out the types of remedies the agency might impose against repeat labor law violators. The NLRB laid out a list of harsher remedies it will consider in cases involving unions or employers that repeatedly or egregiously violate the National Labor Relations Act. "This decision didn't create new law, it didn't create new remedies, but it certainly did forecast that the board would be willing to consider more of them or a stronger combination of them in the right case," said Jeremy. But employers are likely to push back strongly against the remedies, particularly those that require a company representative to endorse the notice in some way. He said employers typically see it as the union's responsibility to educate workers about their rights and view a remedy like forcing a company executive to sign a notice as compelling them to speak in a way that posting a notice does not. "It's one thing to post on a bulletin board a notice of rights and even a confession of sins, if you will, but it's a second thing to gather all employees, perhaps on paid working time and make that confession of sins," he said.

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