A federal appeals court panel grilled a National Labor Relations Board lawyer about a ruling that ultimately expanded the agency’s ability to order employers to pay for economic harm stemming from a labor law violation.
Judges on the US Court of Appeals for the Fifth Circuit during oral argument Tuesday seemed leery of the 2022 decision finding that software company Thryv Inc. violated the National Labor Relations Act by laying off six workers without properly bargaining with their union.
After making that determination, the NLRB held that the board can charge companies for “all direct or foreseeable pecuniary harms” stemming ...