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NLRB General Counsel Abruzzo Issues Memo on Seeking All Available Remedies to Fully Address Unlawful Conduct under the NLRA

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum to all NLRB Regions directing them to ensure that victims of unlawful conduct under the National Labor Relations Act (NLRA) receive full remedies and are made whole for losses they have suffered.

The memo discusses a variety of remedies to be sought in different cases. In cases involving unlawful firings, the memo states Regions should seek compensation for consequential damages, front pay, and liquidated backpay. Where unlawful firings of undocumented workers are implicated, Regions are directed to seek compensation for work performed under unlawfully imposed terms, employer sponsorship of work authorizations, and other remedies that would prevent an employer from being unjustly enriched by its unlawful treatment of undocumented workers.

In cases involving unlawful conduct committed during a union organizing drive, Regions are directed to seek remedies, such as: (1) union access to employees and contact information; (2) reimbursement of organizational costs; (3) reading of the Notice to Employees and Explanation of Rights by a principal or board agent to employees, supervisors and managers, with union representatives present; and (4) distribution of such video recorded Notice to Employees and Explanation of Rights readings and postings on social media, local newspapers and online publications. 

Finally, in cases involving unlawful failures to bargain, Regions are directed to seek remedies that include bargaining schedules, submission of progress reports to the NLRB on the status of bargaining, reimbursement of collective-bargaining expenses, and broad cease-and-desist orders.

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