We’ve all been on notice for some time that the current General Counsel of the National Labor Relations Board (NLRB or Board), as well as a majority of the Board itself, has an aggressively expansive view of employee rights under the National Labor Relations Act (NLRA or Act).
And it follows that, as the contours of employee protected activity are extended, so too does the potential for claims against employers for alleged interference with employee rights.
Now, as a complement to swelling employee rights on the one hand, and burgeoning employer exposure to claims on the other, the Board recently addressed the third hand: expanding liability for employer unfair labor practices. On April 20, 2023, the Board issued a decision in Noah’s Ark Processors, LLC d/b/a WR Reserve, describing far-reaching remedies it may consider in cases where it concludes employers have demonstrated repeated or egregious disregard for employees’ rights under the NLRA.
In WR Reserve, the Board found that a Nebraska meat processor repeatedly violated the NLRA when it failed to bargain in good faith with the union representing its employees. The parties’ ongoing negotiations began in 2018, when the employer was previously cited for bad faith bargaining in unfair labor practice cases before the Board, a Section 10(j) federal court injunction, contempt findings, and related sanctions. Compounding matters, the Board held the employer’s prior bad faith tainted its declaration that bargaining...
AN image showing Nigerian entertainer Iweh Pascal Odinaka, popularly known as Poco Lee, standing inside a UK court during his trial has surfaced on social media, with a claim suggesting that the f...