Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Lower Court Opinion
Questions Presented
1. Whether an employer’s practice that has no noted effect on employees’ collective-bargaining rights and is not motivated by anti-union animus is inherently destructive of union rights and violates the National Labor Relations Act.
2. Whether the National Labor Relations Board has the statutory or constitutional authority to order employers to pay “any … direct or foreseeable pecuniary harms” their employees incur “as a result of” an unlawful labor practice.
Case Updates
U.S. Chamber files coalition amicus brief urging Supreme Court to grant certiorari and hold that National Labor Relations Act precludes any award of monetary damages beyond backpay
December 22, 2025
U.S. Chamber Coalition Amicus Brief
Michael E. Kenneally and James D. Nelson of Morgan, Lewis & Bockius LLP served as outside counsel.
The U.S. Chamber previously filed a coalition amicus brief in support of rehearing en banc before the Ninth Circuit.