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National Labor Relations Board › Unions › Bad Faith

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Seyfarth Shaw LLP

When Lawful Proposals Become Unlawful Bargaining Conduct: The Board Holds An Employer’s Adherence to Lawful Proposals Nonetheless...

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Seyfarth Synopsis: Reversing a Trump Board case, the Biden Board recently found that an employer engaged in bad-faith bargaining based on adhering to its bargaining proposals—despite (1) the employer engaging in no unlawful...more

Miller Canfield

Hard Bargaining or Unlawful Bargaining: What A Difference A Board Member Makes

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The National Labor Relations Board (NLRB) recently held that an employer’s proposal and adherence to proposals could in itself be deemed to be unlawful bad faith bargaining. District Hospital Partners, 375 NLRB No. 55...more

Proskauer - Labor Relations Update

Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order

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On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more

Ervin Cohen & Jessup LLP

Local 11 Union Scores Ninth Circuit Win

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On February 22, 2024, a panel of judges for the United States Court of Appeals for the Ninth Circuit issued an unpublished opinion upholding enforcement of a National Labor Relations Board (“NLRB”) order holding that a...more

Clark Hill PLC

NLRB Hits Employer With Onerous Remedies

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On June 8, in Columbus Electric Cooperative, Inc., 372 NLRB No. 89, the National Labor Relations Board (NLRB) issued a decision that hit an employer with a set of enhanced remedies. To begin, the NLRB held the employer...more

Venable LLP

NLRB Floods Noah's Ark Decision with Additional Remedies for Egregious Violators

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On April 20, 2023, the National Labor Relations Board ("NLRB" or the "Board") issued a decision in Noah's Ark Processors, LLC d/b/a WR Reserve, 372 NLRB No. 80 (2023) in which it announced a non-exhaustive list of remedies...more

Smith Gambrell Russell

NLRB Opens the Floodgates for Extraordinary Remedies Available for Egregious or Habitual Violations

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The National Labor Relations Board (“NLRB”) recently issued a broad cease-and-desist order against an employer that allegedly engaged in unfair labor practices and also ordered it to reimburse the Union for its bargaining...more

Holland & Knight LLP

NLRB Increases Penalties for Repeat Labor Law Violators

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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...more

Littler

NLRB follows the General Counsel’s Lead: Enhanced Remedies May Now Apply to Bad-Faith Bargaining

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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...more

Bradley Arant Boult Cummings LLP

NLRB Proclaims the Punishment Arrows in its Quiver

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If the NLRB finds that you have committed an unfair labor practice (and maybe more than once), just what can it do? In Noah’s Ark Processors, a three-member panel of the board recently took an opportunity to pronounce...more

Littler

Aggressive vs. Bad Faith Bargaining: Where is the Line?

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The National Labor Relations Board, by a vote of 2-1, recently reversed an administrative law judge (ALJ) in finding that a hospital did not violate the National Labor Relations Act (the Act) by failing and refusing to...more

Jackson Lewis P.C.

NLRB Finds Aggressive Bargaining Proposals Not Unlawful

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An Administrative Law Judge’s (ALJ) findings that an employer engaged in bad faith bargaining and unlawfully withdrew recognition from the union has been overruled 2-1 by a panel of the National Labor Relations Board (NLRB)....more

Proskauer - Labor Relations Update

“Hard” Bargaining Proposals Placed Into Final Offer Evidence Bad Faith Bargaining, NLRB Concludes

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On May 21, 2020, the NLRB issued a decision in Altura Communication Solutions, LLC. The case asked the Board to consider whether a series of broad proposals made by the employer during collective bargaining amounted to bad...more

Proskauer - Labor Relations Update

NLRB Tips Scales in Favor of Employers When Drawing Distinctions Between Claims of “Inability to Pay” Versus “Competitive...

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In recent weeks, the National Labor Relations Board has issued several employer-friendly decisions, and its September 13 decision in Arlington Metals Corp., 368 NLRB No. 74 (2019) was no exception. In Arlington Metals, the...more

Fisher Phillips

National Labor Relations Board Turns Up The Heat On Negligent Unions

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Summer might be coming to a close, but labor unions continue to feel a rise in temperature. Unions can expect to face a change in how the National Labor Relations Board’s Regional Offices will handle duty of fair...more

Littler

D.C. Circuit Affirms NLRB’s Order to Employer to Reimburse All of Union's Bargaining Expenses as Remedy for Unfair Labor Practices

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In HTH Corporation v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the National Labor Relations Board’s attempt to expand the remedies under the National Labor Relations Act for unfair labor practices to...more

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