Board Ties Judges’ Hands In Settling Cases Directly

Seyfarth Synopsis: Overturning 25 years of precedent, the NLRB rules that an ALJ may only enter an order approving and incorporating settlement terms proposed by a respondent over the objections of the General Counsel and charging party if it provides a full remedy for all of the violations alleged in the complaint.

 

In United States Postal Service, 364 NLRB No. 116 (Aug. 27, 2016), the NLRB in a 2-1 decision took away from Administrative Law Judges the ability to approve substantial compliance settlements directly with a respondent over the objections of the General Counsel and the charging party.

 

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