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NLRB:Union activity is still on the rise, with both unfair labor practice charges and election petitions increasing at the highest levels in decades. NLRB's prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity.
The National Labor Relations Board issued its decision in Noah’s Ark Processors holding that Noah’s Ark violated the National Labor Relations Act when it failed to bargain in good faith with the bargaining unit’s union. The parties have been engaged in negotiations since early 2018.
National Labor Relations Board's decision signals the willingness to impose harsh remedies against employers more frequently. Employers now face the prospect of defending against requests for harsh remedies when litigating a wide range of unfair labor practice charges.