28 day free trial

28 day free trial

28 day free trial

LawMemo - First in Employment Law

Home MyLawMemo About Us   Arbitrators

Celebrating our 23rd year.  Serving employment lawyers,
HR professionals, union representatives, and labor arbitrators.



On the Alert

[Alert Archives]

NLRB can require employer to
reimburse union's attorney fees

NLRB v. Ampersand Publishing (9th Cir 08/11/2022)
Sent to Custom Alerts™ subscribers on 08/12/2022

The 9th Circuit has enforced an NLRB compliance order requiring an employer to reimburse a union for legal fees incurred during the collective bargaining process.

The Board found that the employer committed unfair labor practices and engaged in unusually aggravated misconduct. During collective bargaining the employer discontinued its merit pay raise program, transferred bargaining unit work to non-union temporary employees without notice, discharged two employees, and engaged in bad-faith bargaining with the union.

The Board found this conduct was sufficient to warrant more than a traditional remedy, and ordered the employer to reimburse the union for the costs and expenses the union incurred during collective bargaining sessions.

The D.C. Circuit upheld the Board's findings and enforced its unfair labor practice order in full.

Later, the NLRB issued a compliance order that specified that the union's costs and expenses included the union's attorney fees related to the unfair labor practices. The Board then applied to the 9th Circuit for enforcement of the compliance order, and the 9th Circuit enforced the order.

The 9th Circuit said:

The NLRA grants the Board "broad discretion to impose remedies for unfair labor practices." The Board may take any "affirmative action" that "will effectuate the policies" of the Act. The award of legal fees in this case is exactly the sort of remedy that courts have upheld as within the Board's statutory remedial authority. Prior adjudications have established that [the employer] committed an unfair labor practice by refusing to bargain with the Union in good faith. This remedy is directly targeted at [the employer's] violation, compensating the Union for "the resources that were wasted because of the [company's] unlawful conduct" and "restor[ing] the economic strength that is necessary to ensure a return to the status quo ante at the bargaining table.

Newest employment law court decisions.
Want them? Get them.
Employment Law Memo gets them to you first.
Custom Alerts™ get them to your exact criteria.
Get four weeks.   Free.   No hassle.   No risk.

28 day free trial



Home  |  MyLawMemo  |  Custom Alerts  |  Newest Cases  |  Key Word Search  
No-obligation trial  |  Arbitrators  |  Law Firms  |  Sample Memos 


Get your 28 day trial now 

Web www.LawMemo.com 
This form will search the LawMemo web site. 
It does not include Key Word Search.