As we have previously reported, from the time President Biden took office, the National Labor Relations Board (“NLRB” or the “Board”) began systematically reversing Trump-era policy, and shifting toward pro-union and pro-employee policies. On August 22, 2024, the Board (the “NLRB” or “Board”) continued that push. This time taking steps to significantly impede the ability of employers to avoid unfair labor practice (“ULP”) charges without resorting to litigation.
In Metro Health, Inc. d/b/a Hospital Metropolitano Rio San Pedras, 373 NLRB No. 89 (2024), the Board again rejected its longstanding precedent and reinvented American labor law by deciding that it would no longer allow employers to utilize consent orders to resolve unfair labor practice charges; a practice the Board had allowed for over 30 years.
Background
For decades the Board has allowed parties to resolve unfair labor practice charges without proceeding to litigation and without a full adjudication on the merits. This often takes the form of a bilateral settlement agreement, in which the employer, and the NLRB General Counsel (“GC”) and/or the charging party reach a mutual agreement about how to resolve the charge.
However, bilateral settlements were not the only method used to resolve ULP charges without litigation. Until Metro Health, these charges could also be resolved by the entry of a consent order. Unlike a bilateral settlement agreement, in which the employer agrees with the charging party and/or GC to...
Dish Wireless LLC agreed to pay roughly $17 million to resolve allegations that it violated the False Claims Act, common law, and the Communications Act of 1934 relating to claims submitted to Fed...