NLRB Split on Financial Remedies Power After Fifth Circuit Defeat

The National Labor Relations Board is divided over whether it can still order employers to pay the downstream economic consequences of their unfair labor practices.

The Democratic majority on a three-member NLRB panel on Wednesday ordered Airgas US LLC to pay workers for financial losses they suffered as a result of the company’s illegal firing of a worker, denial of a pay raise and unilateral changes to schedules, hours and overtime.

The lone Republican on the NLRB, however, said a federal appeals court decision overturning the 2022 ruling Thryv, Inc. removed the power of the council to issue such…