Split NLRB Finds Repeated Misconduct By Employer; Outlines Available Remedies

Mealey's (April 21, 2023, 12:03 PM EDT) -- WASHINGTON, D.C. — An employer previously found to have bargained in bad faith and improperly declared impasse without a valid impasse that is continuing to engage in some of the same unlawful activity must compensate the union for bargaining expenses from November 2019 until “good-faith negotiations begin,” read the notice to employees and compensate employees for direct or foreseeable pecuniary harms, a divided National Labor Relations Board (NLRB) ruled on April 20, upholding the remedies ordered by the administrative law judge (ALJ) and declaring that additional remedies are also appropriate....