On December 22, 2025, the NAM filed an amicus brief urging the U.S. Supreme Court to review and overturn a decision by the Biden NLRB, which permits the Board to award disgruntled employees monetary damages beyond those enumerated in the National Labor Relations Act. In this case, Macy's engaged in unsuccessful collective bargaining negotiations with two labor unions in 2020. Following these negotiations, Macy's instituted a lockout, which the NLRB deemed an unfair labor practice in violation of the NLRA. The Board then awarded the unions Thryv damages, broadly defined as "any other direct or foreseeable" monetary harm suffered as a result of the lockout. Such a broad definition may include medical bills, credit card debt or other expenses a worker accrues after losing his job.
Our amicus brief argues that the text of the NLRA only authorizes the Board to award monetary relief in the form of discretionary back pay, and that the Board's expansion of these remedies lacks any limiting principle that would prevent union members from seeking exorbitant amounts bearing little relationship, if any, to their loss of employment.