Camelot Terrace, Inc. v. NLRB, No. 12-1071 (D.C. Cir. 2016)
Annotate this CaseThe Companies, operators of nursing homes, petitioned for review of the Board's determination that the Companies violated the National Labor Relations Act, 29 U.S.C. 151 et seq., by engaging in bad-faith bargaining with the Union. The Companies challenged two of the remedies the Board imposed: reimbursement of litigation costs incurred by both the Board and the Union during Board proceedings; and reimbursement of “all” of the negotiation expenses the Union incurred during its bargaining sessions with the Companies. The court concluded that the Board lacks authority to require the reimbursement of litigation costs incurred during Board proceedings. The court held, however, that the Board may require an employer to reimburse a union’s bargaining expenses pursuant to its remedial authority under section 10(c) of the Act. The court also concluded that it lacked jurisdiction to entertain the Companies’ alternative challenge to the amount of the bargaining-costs award because they failed to raise it before the Board. Accordingly, the court granted the Companies’ joint petition in part and granted the Board’s cross-application for enforcement in part.
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