In a pair of decisions released today, the National Labor Relations Board (NLRB) expanded the scope of its remedial orders in unfair labor practice cases.
In Kentucky River Medical Center, 356 NLRB No. 8 (2010), the Board ordered that, in the future (as well as retroactive to any cases that are currently pending in any stage), any awards of backpay should have interest compounded daily (instead of the rule providing only for simple interest, which was not as lucrative for employees receiving backpay awards).
In J. Picini Flooring, 356 NLRB No. 9 (2010), the Board held that, in addition to physical posting of notices in unfair labor practice cases, it will require electronic posting of notices if the respondent customarily communicates with its employees (or, in the case of a labor organization, its members) by such means. Specifically, the Board will modify its remedial orders going forward to include the following language:
In addition to physical posting of paper notices, notices shall be distributed electronically, such as by email, posting on an intranet or an internet site, or other electronic means, if the Respondent customarily communicates with its employees [members] by such means.
Like Kentucky River Medical Center, the Board's decision in J. Picini Flooring will be applied retroactively. We will continue to monitor these and other developments at the Board and report on them.