Joseph Richardson Discusses NLRB’s New Remedy in Response to Thryv Layoffs

In 2022, the National Labor Relations Board (NLRB) found that software company Thryv violated federal labor law by laying off six unionized workers. Consequently, the board instituted a new remedy requiring employers to compensate workers for “direct or foreseeable” harms of labor law violations.

The Fifth Circuit has vacated the NLRB’s decision, finding that Thryv’s layoffs were not unlawful due to a contract the company had imposed after a legal impasse declaration. While the appeals court did not touch on the board’s authority to issue this new remedy to employers, the judges on the panel expressed skepticism regarding this expansion of the NLRB’s power.

Willig, Williams & Davidson partner Joseph Richardson discussed the issue with Law360, affirming that the NLRB can and should use remedies like this to make workers whole as part of its duty to address labor law violations. “The board is really fulfilling the mandate when it thinks broadly about implementing complete remedies to the unfair labor practices that it finds,” he said.

The NLRB does not treat decisions from a court below the Supreme Court as binding, so the Fifth Circuit’s opinion of the remedy has little consequence. Richardson notes, “I would say that as a matter of labor policy … they probably would not consider this to have affected the pronouncement of remedies that was set forth in the Thryv decision.”

Read the full article online: 5th Circ. Ruling Won’t Sink NLRB Remedies Expansion (Subscription is required.)