Getting Them to the Table: Labor Board Imposing Mandatory Bargaining Schedules

We’ve seen a flurry of activity from the National Labor Relations Board (NLRB) over the last year. One area where the NLRB has been particularly active is on the remedies front, both in terms of scope – setting out new remedies, such as reimbursing unions for bargaining expenses in bad faith bargaining cases, for example – and impact, such as forcing some companies to go as far to reopen their businesses. It appears the agency’s focus on its remedial powers will continue, as we’ve seen the NLRB impose another novel remedy several times in recent months: requiring companies found to have bargained in bad faith to negotiate at prescribed times with their unions and then submit progress reports to the agency.