Cases & Developments

Decision and Order from the National Labor Relations Board (NLRB) expanding remedies against employers that repeatedly or egregiously violate bargaining duties. Reviewing the decision of an Administrative Law Judge in a case in which the Respondent was twice found to have bargained in bad faith and declared impasse unlawfully, the NLRB imposed additional remedies, including reimbursement of the union’s bargaining expenses and lost pay to employees who participated in bargaining sessions that were determined to have been conducted in bad faith. It also required the employer to provide employees with an explanation of their rights and notice of the unfair labor practice, including through mailings, publication in local media, and reading of the notice by the company’s CEO or an NLRB staffer in the presence of the CEO.