NLRB GC Pushes Additional Remedies Against Employers

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In September 2021, the National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued two GC memos directing Regional Offices to seek the “full panoply of remedies available” when an employer has violated the National Labor Relations Act (NLRA), which we discussed in our September 2021 E-Update. GC Abruzzo has now issued another memo updating the remedies that Regions have included in settlement agreements.

In her original memo, GC Abruzzo listed a number of remedies, including the following:

  • Backpay, frontpay and other benefits (such as reinstatement or outplacement services)
  • Default language providing for expedited issuance of Board Orders in the case of employer non-compliance with settlement terms
  • Letters of apology
  • Sponsorship of work authorizations and other remedies (such as reimbursement of legal fees, application fees and travel costs, as well as supervisory training on E-Verify)
  • Expanded use of security provisions, such as confessions of judgment or promissory notes, to ensure payment of settlement monies
  • Exclusion of non-admission clauses
  • Notices to employees

In the latest memo, GC Abruzzo noted that the following additional remedies had been obtained by Regional Offices:

  • Posting of the Explanation of Employee Rights poster at the facility
  • Training of supervisors and managers on employee rights under the Act
  • Training of employees on their rights under the Act
  • Mailing of the Notice to all employees employed at any time within the previous year
  • Creation of a video recording of the Board agent reading the notice, in the presence of a senior company official, to be distributed to employees at multiple facilities
  • Notification of employees’ right to talk about wage rates with coworkers to all those hired during the six months following execution of the agreement
  • Requiring that job application forms and recruitment ads include a statement of employee rights
  • Permitting union use of employer bulletin boards

Takeaways. As we previously observed, the NLRB is often derided as a forum with ineffective remedies for employees. In seeking to change that reputation, GC Abruzzo is advocating for stiff remedies against employers found to have violated the Act. The Regional Offices have apparently taken her direction to heart. Employers that wish to avoid the costs of litigation by entering into a settlement agreement can expect Regional Offices to seek many of these remedies in connection with settlement.