HTH Corp. v. NLRB, No. 14-1222 (D.C. Cir. 2016)
Annotate this CaseHTH petitioned for review of five extraordinary remedies imposed by the Board after the Board determined that HTH committed a host of severe and pervasive unfair labor practices. Three of the remedies were adopted by the Board sua sponte and the remaining two were recommended by the ALJ but then modified by the Board. The court concluded that, because the company failed to file a motion for reconsideration with the Board, the court lacked jurisdiction to consider the company's objections to all but two of the challenged remedies. As to these two, the court upheld the notice-reading remedy given the company's long history of unlawful practices and the severe violations the Board found in this case. However, the court vacated the attorney's fees because the Board lacks authority to shift litigation expenses under section 10(c) of the National Labor Relations Act, 29 U.S.C. 160(c).
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