NLRB Invites Briefs on Backpay Form-Filing Deadline 

Washington, DC — In an order issued today, the National Labor Relations Board invited parties and amici to submit briefs in Cascades Containerboard Packaging—Niagara (03-CA-242367, et al.). In the notice and invitation to file briefs, the Board seeks public input on the deadlines for the forms and reports that employers are required to file when the Board has ordered the employer to pay backpay to employees.

On February 9, 2021, the Board found that the employer in this case had violated the National Labor Relations Act and ordered the employer to pay backpay to affected employees.

Additionally, at the General Counsel’s request, the Board adopted a new remedy requiring the employer file with the Regional Director a copy of each backpay recipient’s appropriate W-2 form(s). This was in addition to the existing remedy requiring respondent employers to submit backpay allocation reports to the Regional Director with 21 days. The Acting General Counsel has now asked the Board to impose a deadline for the filing of W-2 forms.

The Board issued a Notice and Invitation to File Briefs, inviting the parties and interested amici to file briefs addressing the following questions:  (1) Should the Board impose a deadline within which a respondent employer must furnish to a Regional Director a copy of each backpay recipient’s appropriate W-2 form(s), reflecting the backpay award?  If so, what should the deadline be? (2) Should the Board modify the 21-day deadline for submission of a report allocating the backpay award to the appropriate calendar year for each affected employee? If so, what modification would be appropriate?

Briefs not exceeding 25 pages in length shall be filed with the Board in Washington, D.C., on or before June 7, 2021. The parties may file responsive briefs on or before June 22, 2021, which shall not exceed 15 pages in length.  The parties and amici shall file briefs electronically by going to nlrb.gov and clicking on “E-Filing.”

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If assistance is needed in E-filing on the Agency’s website, please contact the Office of Executive Secretary at 202-273-1940 or Executive Secretary Roxanne Rothschild at 202-273-2917.

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