Highlights

• The National Labor Relations Board (NLRB or Board) has signaled its intent to materially increase the severity of the remedies it will impose upon employers who repeatedly violate the National Labor Relations Act.
• The Board likely will be increasing its scrutiny of negotiation tactics used by employers.
• Companies engaged in union contract negotiations may wish to reconsider their negotiation tactics and be more cautious in declaring an impasse.

The National Labor Relations Board (NLRB or Board) decision in Noah's Ark Processors, LLC and United Food and Commercial Workers Local Union No. 293 went beyond ruling on the issues and provided a detailed list of the remedies it will consider in cases involving repeat labor law violators, including those who engage in bad faith bargaining.

The Board's Decision

The Board, in a decision released on April 20, 2023, found that Noah's Ark had bargained in bad faith as evidenced by: 1) deeply regressive proposals, 2) unwillingness to consider even minor changes, 3) general unwillingness to consider most other union proposals, 4) adherence to most of its own initial proposals without modification, 5) unwillingness to wait for the Union to make all of its proposals and 6) its wage proposal.

In an earlier proceeding, the Board found that Noah's Ark had violated numerous other provisions of the National Labor Relations Act (NLRA). Because Noah's Ark continued to violate the NLRA, the Board imposed numerous sanctions, including...

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