Labor Board’s Remedial Power Gets Boost in Macy’s 9th Cir. Case

The National Labor Relations Board has the power to require Macy’s Inc. to reimburse union workers for the economic consequences of the company illegally locking them out after their strike ended more than four years ago, a divided federal appeals court ruled.

The US Court of Appeals for the Ninth Circuit’s decision Tuesday upheld the NLRB’s framework from its 2022 ruling in Thryv, Inc., which said the board’s standard make-whole remedies must compensate affected workers for “all direct or foreseeable pecuniary harms” that they suffer as a result of an unfair labor practice.

While the ruling is a victory ...