NLRB Splits on Financial Remedy Power After Fifth Circuit Loss

Sept. 18, 2024, 10:34 PM UTC

The National Labor Relations Board split along partisan lines over whether it still can order employers to pay for the downstream economic consequences of their unfair labor practices.

The Democratic majority in a three-member NLRB panel on Wednesday ordered Airgas US LLC to pay workers for the financial harms suffered as a result of the company’s illegal termination of one worker, withholding of a wage increase, and unilateral changes to schedules, hours, and overtime.

The NLRB’s sole Republican, however, said a federal appeals court decision vacating the 2022 ruling in Thryv, Inc. took away the board’s power to issue such ...

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