In a September 2021 memorandum, the National Labor Relations Board (NLRB) signaled its intent to exercise the full extent of its power to enforce stricter and more costly penalties for unfair labor practices (ULPs). The change was made evident in June 2022, when the Board issued a consequential damages award in a settlement agreement for the first time ever.
Employers should be aware that this calls for a heightened advocacy. Under Section 10(c) of the National Labor Relations Act (NLRA), when faced with a ULP, the Board has the power “to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of the Act.”
