The National Labor Relations Board (NLRB or “Board”) is inviting “all interested parties” to file amicus briefs in pending cases involving whether employers should be required to electronically post Board-ordered remedial notices, and whether the Board should routinely order compound interest on back pay and other monetary awards in unfair labor practice (ULP) cases. The NLRB considers these issues to be “significant” for employees, employers and unions.

According to a press release, (pdf) the first set of cases addresses whether remedial notices – which announce steps an employer has taken to remedy a violation of the National Labor Relations Act (NLRA) – should be posted electronically, such as through a company-wide email system. Such notices are usually posted in paper form on workplace bulletin boards. If this policy is changed, the Board notes that it would have to reconsider its decision in Nordstrom, Inc., 347 NLRB 294 (2006), and also determine what legal standard should apply to electronic posting. The cases at issue that address this topic include: Arkema, Inc., 16-CA-26371; Stevens Creek Chrysler Jeep Dodge, Inc., 20-CA-33367, and Custom Floors, Inc., 28-CA-21226.

The second set of cases deals with whether the Board “should routinely order compound interest on back pay and other monetary awards in unfair labor practice cases, and if so, what the standard period should be for compounding (daily, quarterly, annually?).” This issue is presented in Bashas’ Food City, 28-CA-21435; Atlantic Scaffolding Company, 16-CA-26108; and Kentucky River Medical Center, 9-CA-42249.

Briefs for either issue must be 25 pages or fewer, and be filed on or before June 11, 2010 with the NLRB in Washington, D.C. The NLRB advises those seeking additional information to contact the Office of the Executive Secretary at (202) 273-1067.