A federal appeals court ruled that the NLRB cannot require employers to pay monetary compensation for downstream consequences of unfair labor practices, siding with Starbucks in rejecting the Board’s Thryv (2022) remedies. The decision widens the circuit split: the Sixth Circuit now joins the Third and Fifth Circuits in striking down Thryv-based awards, while the Ninth Circuit has upheld them in a case involving Macy’s—a likely candidate for U.S. Supreme Court review.
The majority—Judges Chad Readler and Alice Batchelder—found that Thryv remedies resemble money damages, which fall outside the NLRB’s traditional make-whole authority and would require a jury trial under the Supreme Court’s 2024 SEC v. Jarkesy decision.
Judge Jane Branstetter Stranch dissented, arguing that the Thryv remedy is consistent with the Board’s historic remedial powers.
Do you agree with Judge Branstetter Stranch considering Thryv remedies are new, not historical?
A federal appeals court ruled that the NLRB cannot require employers to pay monetary compensation for downstream consequences of unfair labor practices, siding with Starbucks in rejecting the Board’s Thryv (2022) remedies. The decision widens the circuit split: the Sixth Circuit now joins the Third and Fifth Circuits in striking down Thryv-based awards, while the Ninth Circuit has upheld them in a case involving Macy’s—a likely candidate for U.S. Supreme Court review.
The majority—Judges Chad Readler and Alice Batchelder—found that Thryv remedies resemble money damages, which fall outside the NLRB’s traditional make-whole authority and would require a jury trial under the Supreme Court’s 2024 SEC v. Jarkesy decision.
Judge Jane Branstetter Stranch dissented, arguing that the Thryv remedy is consistent with the Board’s historic remedial powers.
Do you agree with Judge Branstetter Stranch considering Thryv remedies are new, not historical?