Hiran Management v. NLRB
Split Score
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Case Summary
Disposition
Remanded
The Fifth Circuit held that the National Labor Relations Board lacks statutory authority under NLRA §10(c) to award full compensatory damages (i.e., all “foreseeable pecuniary harms”) beyond traditional equitable relief such as reinstatement and back-pay. Accordingly, it granted the employer’s petition for review in part, denied the Board’s cross-application for enforcement in part, and remanded for further proceedings.
Circuit Split Identified
Legal Issue
Whether NLRA §10(c) authorizes the NLRB to award full compensatory damages (all foreseeable pecuniary harms) as part of its make-whole remedy.
Circuit Positions
NLRA §10(c) authorizes only equitable relief; the Board may not award full compensatory (foreseeable) damages.
NLRA §10(c) allows the Board to award full compensatory damages for all foreseeable pecuniary harms (Thryv remedy).
Conflict Summary
The Third and Fifth Circuits read §10(c) as limiting the Board to equitable remedies (reinstatement and back-pay) and therefore reject the Board’s Thryv policy of awarding full compensatory damages, whereas the Ninth Circuit upholds the Thryv approach and permits the Board to award damages for all foreseeable pecuniary harms suffered by employees.