The following article was first posted in the Insights section of Day Pitney’s website. It is reposted here with permission.
National Labor Relations Board general counsel Jennifer Abruzzo is making good on her promise to use her position to expand the rights of workers and unions and to increase the penalties for employers that engage in unfair labor practices.
The general counsel has done so through guidance to the board’s regional offices and by urging the board to overturn long-standing precedent and increase the breadth and scope of the National Labor Relations Act.
The board has issued key decisions or is in the midst of deciding matters related to remedies for unfair labor practices, union organizing, continuation of dues deductions after contract expiration, joint-employer status, and protected concerted activity.
All employers—both union and non-union alike—should be aware of these events or they may unwittingly end up violating the NLRA.
Through her memos, the general counsel has advocated for uncommon expanded and make-whole remedies in the settlement of unfair labor practice charges and litigation, including letters of apology, video readings of notice postings to be distributed to all employees, consequential damages (such as payments for out-of-pocket healthcare expenses, credit card fees, or the loss of a home or car), liquidated damages, front pay and punitive damages (see GC Memos 21-06 and 21-07).
She has...
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