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Delays in Labor Law
  • In 2005, 50% of the decisions issued by the NLRB in unfair labor practice cases took more than 1,232 days from the filing of the charge to Board decision. The Board decision can be appealed to the federal courts, which typically adds another year before implementation of a remedy. It often takes years before a worker is finally ordered reinstated and awarded back pay.
  • After a majority vote for union representation, an employer can challenge the result of the election and know that by exercising available appeals, a final decision upholding the result of the election will likely take more than two years to issue. It can often take much longer.
  • It often takes years before a worker is finally ordered reinstated and awarded back pay. Frequently it’s a very small amount because current law only requires an employer found guilty of this illegal activity to pay back pay minus what the worker has earned at any other job in the meantime.