loader
Page is loading...
Print Logo Logo
generic_insight_detail

NLRB Continues To Impose Expansive Penalties On Employers


Continuing its trend of issuing “non-traditional” Board remedies against employers who have been found to have violated the NLRA, the Board recently ordered an employer to reimburse a union for six months’ worth of “negotiating expenses”, which included salaries, travel expenses and per diems. The case involved a “first contract” so the NLRB further extended the certification year (which precludes the fling of any decertification petition by employees) by 12 months. At issue in the case was an employer’s refusal to respond to any union proposals that had been presented until it received a “full set” of proposals from the union.  The employer continually took this position over the course of multiple bargaining sessions, and it also declined to respond to several requests for information related to recent employee terminations as well as requests for future bargaining dates.  The Board held that the conduct of the employer violated the NLRA’s “good faith” bargaining obligation and was so flagrant that it “infected the core of a bargaining process.” Accordingly, the Board felt that the extraordinary remedies were warranted. This case serves as an important reminder that the current NLRB will not merely resort to “notice postings” in cases of bargaining misconduct. Employers handling first or successor contract negotiations should ensure that they keep abreast of the most current decisions from the board related to bargaining obligations so that they do not find themselves in Board proceedings and possibly subject to the expansive penalties being issued by the NLRB. A copy of the decision can be found here.


RELATED ARTICLES

Unions by the Numbers: 2022 Edition

January 24, 2022 | Labor Relations, Unions and Union Membership, Union Organizing

NLRB and Department of Labor Join Forces: What Does This Mean for Employers?

January 19, 2022 | Labor Relations, Department of Labor, National Labor Relations Board

New Test for a New Year? Labor Board Reconsiders Independent Contractor Status

January 4, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Union Organizing Alert: Micro-Units May Be Back at the Labor Board

December 16, 2021 | Labor Relations, Union Organizing, National Labor Relations Board

Abruzzo's Tweets Take Aim at Employer-Friendly Labor Law Precedent

December 8, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
NLRB
Unions
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.