A recent decision by the U.S. Court of Appeals for the Ninth Circuit has reinforced the National Labor Relations Board’s (NLRB) stance on expanded monetary remedies. The court upheld an NLRB order mandating that Macy’s compensate union members for any “direct or foreseeable pecuniary harms” that resulted from an unlawful lockout following a strike. This ruling is consistent with the board’s 2022 position in Thryv v. NLRB.
The decision has created a circuit split, which may attract the attention of the Supreme Court of the United States (SCOTUS) given its potential implications for labor relations and remedy frameworks in similar cases. The broader implications suggest a possible reevaluation of monetary remedies under NLRB directives, potentially influencing future labor disputes and resolutions. More detailed information on this ruling and its context is available here.