The National Labor Relations Board today invited interested parties to submit amicus briefs in two groups of cases. Those cases involve whether an employer should be required to post remedial notices electronically and whether compound interest should be applied to monetary awards ordered by the Board. The request indicates that the Board is considering changing existing law in these areas.
The text of the notice is as follows:
The National Labor Relations Board is inviting all interested parties to file briefs in two sets of pending cases that involve significant issues for employees, employers and unions.
One set of cases raises the question of whether Board-ordered remedial notices should be posted electronically, such as via a company-wide email system, and if so, what legal standard should apply. Such notices, which announce steps taken to remedy violations, are now typically posted on workplace bulletin boards. A change in policy would require the Board to reconsider its decision in Nordstrom, Inc., 347 NLRB 294 (2006).
The cases are Arkema, Inc., 16-CA-26371; Stevens Creek Chrysler Jeep Dodge, Inc., 20-CA-33367, and Custom Floors, Inc., 28-CA-21226.
Another set of cases asks whether the Board should routinely order compound interest on back pay and other monetary awards in unfair labor practice cases, and if so, what the standard period should be for compounding (daily, quarterly, annually?).
The cases are Bashas’ Food City, 28-CA-21435; Atlantic Scaffolding Company, 16-CA-26108; and Kentucky River Medical Center, 9-CA-42249.
Briefs in both issues must be filed with the Board in Washington, D.C. on or before June 11, 2010, and should be no longer than 25 pages. For further information on filing, please contact the office of NLRB Executive Secretary Lester A. Heltzer at (202) 273-1067.
The National Labor Relations Board is an independent federal agency vested with the power to safeguard employees’ rights to organize and to determine whether to have unions as their bargaining representative. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions.
In a recent post, we noted that the Board may be considering changing its rules from ordering simple interest on monetary awards to requiring compound interest. In San Juan Teachers Assn., 355 NLRB No. 28 (Apr. 30, 2010), the Board stated in a footnote: “we are not prepared at this time to deviate from our current practice of assessing simple interest.” (emphasis added).
With regard to electronic notice posting, Chairman Liebman had asserted in Nordstrom, Inc., 347 NLRB 294 (2006) that electronic posting should be required “when an employer customarily communicates to employees via an intranet.” The Bush-appointed majority in the Nordstrom case had rejected Ms. Liebman’s approach.