Labor Board Declines Strengthening Refusal-to-Bargain Remedies

Feb. 26, 2026, 10:37 PM UTC

A divided National Labor Relations Board rejected a Biden-era bid to expand its remedial power so it can require employers to pay workers as compensation for unlawfully refusing to bargain with their union.

The NLRB’s two Republican members on Thursday declined to overrule 1970’s Ex-Cell-O Corp., which restricts the board’s remedies when a company justifies illegally rejecting its bargaining obligation on the grounds that it’s challenging a union’s election victory.

The board’s ruling marks the official end to former General Counsel Jennifer Abruzzo’s campaign during the Biden administration to raise the stakes for employers that choose to fight a ...

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