NLRB to Impose Harsher Remedies for Employer Violations During Union Organizing Campaigns

National Labor Relations Board Acting General Counsel Lafe Solomon announced an initiative to push nationwide for more onerous remedies for employers accused of unfair labor practices during a union organizing campaign. The announcement follows a September 30, 2010 initiative aimed at strengthening and streamlining the agency’s ability to respond to charges of unlawful discharge during union organizing campaigns.

The memo authorizes regional offices to include in complaints, and in petitions seeking temporary federal court injunctions, remedies such as the reading of the NLRB’s remedial notice, allowing union access to workplace bulletin boards, and forcing employers to provide employee names and addresses to unions. Employers should avoid any employment actions that potentially violate an employee’s statutory right to engage in protected,concerted activities, in the context of a threatened union campaign, as the NLRB may seek to impose these new remedies broadly, even in the absence of formal union election proceedings.