Section 17 Remedies for Unfair Labor Practices Based on Unlawful Discrimination

• Library: Employer-Employee Law 2008

NLRA § 10(c), 29 U.S.C. § 160(c), provides the Board with the authority in an unfair labor practice proceeding to:

issue and cause to be served on [the respondent] an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of this subchapter: Provided, That where an order directs reinstatement of an employee, back pay may be required of the employer or labor organization, as the case may be, responsible for the discrimination suffered by him.

NLRA § 10(c), however, imposes an express limitation on the Board’s remedial orders, stating that: “No order of the Board shall require the...