In Noah’s Ark, the Board combined remedies it can impose on an employer that engaged in repeated unfair labor practices. The decision may predict the expansion of remedies for bad-faith bargaining. The decision follows the trend of increasingly punitive and extraordinary remedies being implemented by the Board.

On April 20, 2023, a three-member panel of the National Labor Relations Board (Board) ruled 2-1 in Noah’s Ark Processors LLC, 372 NLRB No. 80 (2023), that a combination of remedies imposed for unfair labor practices by an administrative law judge (ALJ) were not only warranted but did not go far enough.¹ In Noah’s Ark, a Nebraska meat processer engaged in protracted bargaining for five years for a successor contract with the UFCW. Since 2019, the parties had litigated union accusations that the employer continuously and repeatedly violated sections 8(a)(1), (3) and (5) of the National Labor Relations Act (NLRA or “the Act”) in a multitude of ways.

With the unique fact pattern present in Noah’s Ark, the Board took the opportunity to issue a ruling in which it reinforced the remedies ostensibly available to the Board under Section 10(c) of the Act. The Board also described the remedies it considers available when dealing with a recalcitrant party that refuses to comply with or respect the Act.

Noah’s Ark reinforces the NLRB’s Office of the General Counsel’s agenda of getting the Board to impose expanded and more severe remedies for unfair labor practices. Noah’s...

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