NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv

NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv

Author: Tom Godar July 2, 2024 Duration: 19:23
Labor Law Insider host Tom Godar engages in a lively discussion with guests Trecia Moore, Megann McManus, and Terry Potter regarding remedies in matters involving unfair labor practice charges. The centerpiece of our discussion is Thryv, Inc. v. National Labor Relations Board, a recent case in which the Fifth Circuit Court of Appeals took up questions relating to a National Labor Relations Board (NLRB) order that sought to challenge and reverse a company’s unilateral layoffs during a bargaining impasse. The employer, a Yellow Pages advertising vendor, had properly and legally implemented its Last Best Final Offer (LBFO) protocols and instituted its workforce reduction per the LBFO, but the union charged it with unfair labor practices before the NLRB anyway. What ensued next was unusual, even for the Biden administration’s NLRB. The Board overruled its own administrative law judge (ALJ) when the ALJ returned only a partial victory in the Board’s in-house venue and slapped Thryv with what the circuit court later called “a novel, consequential-damages-like labor law remedy.” We explore what made the Board’s order noteworthy, why the circuit court ultimately dismantled most of it, and the likely future for so-called make-whole remedies.

Hosted by Tom Godar, The Labor Law Insider is a conversation for anyone responsible for navigating the complex relationship between management and the workforce. Rather than dry legal lectures, this podcast unfolds as a series of practical discussions with experienced labor and employment attorneys from the Husch Blackwell team. They dig into what’s happening right now-breaking down new rulings, regulatory shifts, and legislative trends that are actively reshaping the workplace. The focus is always on translation: turning dense legal developments into actionable intelligence. You’ll hear clear guidance on proactive strategies and operational best practices designed to help employers stay ahead of risk and foster a compliant, productive work environment. As the business landscape across every sector undergoes constant change, these conversations serve as a crucial resource for leaders, HR professionals, and operators who need to make informed decisions. The Labor Law Insider podcast doesn’t just outline the problems; it prioritizes real-world solutions and sensible steps you can implement. Join Tom and his colleagues for timely, grounded analysis that cuts through the noise of legal news and gets straight to the implications for your organization’s daily reality and long-term planning.
Author: Language: English Episodes: 66

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