AGC, in conjunction with the Coalition for a Democratic Workplace (CDW) and four fellow CDW-member trade associations, submitted an amicus brief with the National Labor Relations Board in a case that could result in broader remedies for unlawfully discharged employees. The Board invited briefs in the Thryv, Inc. case to weigh in on whether the Board should expand its traditional “make-whole” remedy for employees who are discharged, laid off, or otherwise discriminated against by an employer’s unfair labor practice. Specifically, the Board is considering allowing employees to receive awards of “consequential damages” in addition to traditional awards of lost earnings and benefits.
The brief explains that the Board should not make consequential damages available in such cases because the agency lacks statutory authority to do so. This lack of authority has been routinely confirmed by the courts, the brief notes. The brief also points out strong policy reasons for not awarding consequential damages.
AGC will continue to monitor the case and report on significant developments.