Oncor Electric Delivery Company LLC v. NLRB
Split Score
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Case Summary
Disposition
Reversed
The court reviewed the National Labor Relations Board’s finding that Oncor Electric Delivery unlawfully discharged an employee who gave allegedly disparaging testimony about smart meters. Holding that the employee’s remarks failed to show any connection to an ongoing labor dispute under the Jefferson Standard, the 12th Circuit ruled the speech unprotected, granted Oncor’s petition, and denied enforcement of the Board’s order.
Circuit Split Identified
Legal Issue
Whether the National Labor Relations Board possesses statutory authority under 29 U.S.C. § 160(c) to award compensation for "foreseeable pecuniary harms" (so-called "Thryv remedies") as part of its make-whole relief.
Circuit Positions
NLRB lacks authority to award Thryv remedies—orders exceed § 160(c).
NLRB has authority to award Thryv remedies when limited to making employees whole.
Issue not reached; court declined to take a position.
Conflict Summary
The Third, Fifth, and Sixth Circuits have held that the NLRB exceeds its statutory authority when it orders compensation for foreseeable pecuniary harms, while the Ninth Circuit has upheld the Board's authority to issue such remedies. In the present opinion, the 12th Circuit acknowledged the split but expressly declined to reach the issue, leaving its position unresolved.