The National Labor Relations Board (NLRB) recently clarified that extraordinary remedies, including reimbursing expenses associated with bargaining, are available for repeated or egregious misconduct. We've gathered articles on the news from SHRM Online and other outlets.

Extraordinary Remedies

The board provided that extraordinary remedies include:

• Adding a notice and explanation of rights to remedial orders that comprehensively inform employees of their rights.
• Requiring a reading of the notice to employees, including possibly requiring the participation of managers or supervisors at the reading.
• Mailing the notice to employees' homes.
• Requiring that an official of the employer sign the notice.
• Publishing the notice via local media.
• Extending the period that the notice must be posted.
• Granting board staff access to visit the employer's facilities and access compliance.
• Reimbursing bargaining expenses, including making whole any employees who lost wages due to their attendance at bargaining sessions.

In a statement given after the agency's 2-1 ruling, NLRB Chairwoman Lauren McFerran said that the National Labor Relations Act (NLRA) "gives the board broad discretion to exercise its remedial authority, and it can and should tailor the remedies to the violations, including to their nature, severity and extent."

Dissenting NLRB Member Marvin Kaplan said it "seems likely that extraordinary remedies are about to become far less extraordinary."

(Lexology, via Benesch, a...

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