DC Circuit Punts on NLRB Power to Remedy Labor Law Violations

The DC Circuit declined to weigh in on the National Labor Relations Board’s authority to order employers to pay for the economic consequences of their unlawful conduct in a case involving a software company.

Vermont Information Processing Inc. couldn’t challenge the NLRB’s remedial power set forth in its 2022 Thryv, Inc. decision because the company didn’t raise those arguments before the board, the US Court of Appeals for the District of Columbia Circuit said in its Tuesday decision.

The appeals court, which partially upheld the board’s ruling against the company, divided along party lines. Judges appointed by Democratic presidents ...