In her memorandum, the GC highlights a number of alternative remedies that Regional Directors should consider seeking to make employees whole. (Photo: Diego M. Radzinschi/THE NATIONAL LAW JOURNAL)

Key takeaways

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• The General Counsel to the NLRB is strongly encouraging regional field agents to seek expansive alternative remedies for unfair labor practices.
• Regional Directors will likely seek more expansive relief than usual during ULP investigations.
• Employers should carefully review their operations and practices to ensure they are in full compliance with the requirements of the National Labor Relations Act.

The Office of the General Counsel to the National Labor Relations Board (NLRB) recently issued a memorandum to all Regional Directors encouraging them "to continue exploring new and alternative remedies" to ensure that the victims of unfair labor practices are made whole for the losses they suffer as a result of unlawful conduct. This is an important development for employers to monitor because it strongly suggests that the NLRB plans to seek harsher remedies for unfair labor practice violations than it has done historically.

If the Board finds that an employer has committed an unfair labor practice then it must issue an order requiring the employer to cease and desist from the identified unfair labor practice and to "take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of [the NLRA]."