Mandatory Bargaining Schedules Are Joining NLRB’s Remedy Arsenal

A recent National Labor Relations Board bid to get employers to the bargaining table also has the potential to bring questions about the scope of the board’s remedial powers before federal courts.

In three cases within the last two months, the NLRB has mandated that employers found to have violated federal labor law bargain with their workers’ unions on a strict schedule and submit regular progress reports to agency officials.

This remedy originated from the All Seasons Climate Control decision in 2011, but has been used sparingly since: it was used twice in 2022 and 2021, then ...