NLRB EXPANDS SCOPE OF REMEDIES AVAILABLE FOR UNFAIR LABOR PRACTICE CHARGES

On December 13, 2022, the National Labor Relations Board (NLRB) issued its ruling in Thryv, Inc., addressing the scope of damages available to a complainant asserting an unfair labor practice (ULP) under the National Labor Relations Act (NLRA). 

In a 3-2 ruling (in which the two management-leaning members dissented), the NLRB held that employees may recover damages for “all direct or foreseeable pecuniary harms” in any and all cases involving “make whole relief.”

It is evident that the categories of damages available to affected employees are quite broad.  In fact, the NLRB opined that the range of compensable damages was too broad to catalog.  Some damages that may be recoverable, however, include costs resulting from eviction, out of pocket medical expenses, credit card debt, penalties associated with early withdrawal from retirement funds, and “other costs simply in order to make ends meet.”  As such, the damages available to an affected employee under the National Labor Relations Act (NLRA) will not simply be limited to lost wages and benefits, and a greatly expanded range of monetary damages may be available to claimants moving forward. 

The Thryv case does beg the question: Are affected employees entitled to compensatory damages for emotional distress and other non-pecuniaryharm?  The NLRB did not address that question, stating that the issue was not presented to it for review.  While one might surmise that the current NLRB would be willing to consider expanding the available range of damages to conclude non-pecuniary compensatory damages, that issue has not yet been addressed. 

If you have questions about this Employment Law Alert or wish to discuss the impact of this decision upon your business, please do not hesitate to contact Maury Nicely at Evans Harrison Hackett PLLC, 423/648-7851 or mnicely@ehhlaw.com.