Case: Labor Relations/Remedies (6th Cir.)

The Sixth Circuit Court of Appeals upheld the NLRB’s finding of an unfair labor practice by Starbucks for discharging a shift supervisor due to her union organizing activities, but ruled that awarding consequential damages was beyond the board’s statutory authority. The appellate court found that the unfair labor practice ruling was backed by evidence of disparate treatment of the shift supervisor, and reinstatement and back pay were appropriate. However, the majority found that additional remedies awarded for “direct or foreseeable pecuniary harms” suffered by the supervisor were punitive in nature and outside the board’s authority. The dissent argued that these ...