NLRB Challenged RE: Damage Assessments in Unfair Labor Cases

The current NLRB has expanded their definition of remedies for unfair labor practices beyond the textual remedy of backpay to include monetary loss incurred by victims of unfair labor practices to include credit card interest, loan interest, penalties for early withdrawals from retirement accounts, or even loss of property (cars, houses, etc.) caused by the absence of pay resulting from an unfair labor practice (“pecuniary harm:). The employer involved has sued the NLRB for going beyond the scope of the NLRA. The case was argued before the 5th Circuit Court (TX, LA, MS) on February 6, and the outcome could have significant effects upon employers and employees involved in unfair labor cases. We will watch this one as well.