Michelle Devitt Discusses NLRB’s Remedies Against Repeat Labor Law Violators

The National Labor Relations Board (NLRB) recently laid out a list of harsher remedies for repeat violators of labor laws. While none of the remedies are new, the NLRB’s decision indicates that the board will employ stronger methods in holding employers accountable for violating workers’ rights. In an article in Law360, Willig, Wiliams & Davidson attorney Michelle “Micky” Devitt discusses the benefits of some of these measures.

The NLRB’s decision concerned the refusal of meatpacking company Noah’s Ark Processors to negotiate in good faith with United Food and Commercial Workers Local 293. One of the remedies the NLRB indicated it might use in future cases is requiring employers to post notices informing workers of their rights under the National Labor Relations Act. Devitt affirms the value of this method of educating employees: “When people know what their rights are, they’re a lot less tolerant of just seeing them trampled. So they do reach out to the board, they reach out to their union to get relief.”

The NLRB also indicated future orders might require a violator to read the rights notice out loud to employees. Devitt believes this can be an effective deterrent for labor law violations: “It’s not just a poster on the wall, it’s holding someone that they know who has a lot of power over their lives publicly accountable. That’s not an empty gesture at all.”

Devitt notes the implications of this decision for future labor disputes, saying, “If prosecutors know that if it gets to the board they can get these remedies, they will ask for them. If they don’t think it’s worth their time, they won’t do it.”

Read the full article online: NLRB Offers Guide For Remedies Against Repeat Violators (Subscription is required.)