On October 22, 2010, the National Labor Relations Board issued decisions adopting two new policies.
With the first decision, the Board adopted a new policy requiring employers or labor organizations not only to post paper notices to remedy unfair labor practices, but also to distribute the notices electronically in cases where the charged party customarily uses such technology for other messages. The posting change will apply to all cases pending before the NLRB. Dissenting member, Brian E. Hayes, expressed concern that once in “cyberspace,” the notice is at risk of alteration and of dissemination to third parties, perverting the remedial purpose of the Act and making it punitive.
In the second case, the Board unanimously adopted a new policy that interest on back pay and other monetary awards will be compounded on a daily basis. The Board concluded that compound interest better effectuates the remedial purpose of the Act than the Board’s traditional practice of ordering simple interest. The Board rejected the Employer’s argument that the Board should address the issue of interest through rule making rather than through adjudication.
Author: Gina Kuhlman
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