Stronger NLRB Refusal-to-Bargain Remedies Wait for Perfect Case

National Labor Relations Board General Counsel Jennifer Abruzzo is doubling down in her hunt for the perfect case to overturn a Nixon-era precedent limiting the agency’s power to impose monetary damages on companies that unlawfully refuse to bargain with unions.

Labor law attorneys, though, say finding a suitable case to overturn the 1970 Ex-Cell-O decision and give the agency stronger remedy powers could be difficult before the 2024 presidential election.

Two cases in the last year could’ve been a vehicle but failed—one involving Starbucks Corp. in which the NLRB’s Democratic majority declined to issue a decision, and another involving a ...