CDW Files Amicus Brief Urging 3rd Circuit to Hold that the NLRA Precludes Monetary Damages Beyond Backpay

Washington, DC – On December 8, 2023, the Coalition for a Democratic Workplace, in conjunction with the U.S. Chamber of Commerce, National Federation of Independent Business Small Business Legal Center, Inc., and National Retail Federation filed an amicus brief urging the 3rd Circuit to hold that the National Labor Relations Act precludes the award of monetary damages beyond backpay. 

When employees are discharged or suspended, the remedies available are reinstatement “with or without back pay.” The National Labor Relations Board does not have the authority to create additional monetary relief. Despite their lack of authority, the Board determined in Thryv that it may mandate a range of damages whenever an employee is unlawfully dismissed. CDW filed an amicus brief in Thryv in January 2022. The Board has now applied that faulty decision in NLRB v. Starbucks Corporation. CDW’s brief urges the Court to set aside the Board’s award of monetary relief. 

The following statement can be attributed to CDW Chair Kristen Swearingen:

“This is another example of the National Labor Relations Board shirking precedent and attempting to exceed their statutory authority. Setting this standard would open the door to future awards of speculative damages that go beyond the NLRB’s authority. It would also invite prolonged litigation over labor standard compliance, including intrusive inquiries into personal employee finances. The NLRB needs to be held responsible for the repercussions of their overreach.”