Case: Labor Relations/Remedies (N.L.R.B.)

The National Labor Relations Board declined to overturn board precedent and expand its remedial power so it could require employers to pay its workers as a remedy for unlawfully refusing to bargain with their union. The majority opinion stated that requiring payment for refusing to bargain would obstruct employers’ right to seek court review, which under the National Labor Relations Act means creating the basis for judicial review by refusing to bargain. The dissent argued that the current remedial scheme forces unions and the workers they represent to bear the costs of employers’ illegal rejection of their bargaining duties.