Speaking of the National Labor Relations Board (NLRB), it would appear that current agency leadership would like to see new penalties applied when unfair labor practices have been confirmed. The NLRB Board decided in November that an employer was guilty of unfair labor practices in terminating 6 employees for not negotiating the terminations with the union (Thyv Inc. v. International Brotherhood of Electrical Workers, Local 1269). Historically – for at least the last 80 years – the remedy in such cases was to “make whole” the employees with reinstatement and payment of lost earnings and benefits. That is not sufficient however for the current NLRB leadership as General Counsel Jennifer Abruzzo wants to add “consequential damages” to the mix, meaning the payment of additional damages to the plaintiffs. To that end, the agency had invited interested parties to file amici by December 27, 2021 addressing questions of whether the Board should modify its traditional make-whole remedy and provide for consequential damages. This week, the Board extended the time for filing briefs until Monday, January 10, 2022. A former union attorney, General Counsel Abruzzo formerly worked as Special Counsel for Strategic Initiatives for the Communications Workers of America (CWA).