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NLRB Details Harsher Remedies in Unfair Labor Practice Cases

As our readers no doubt are aware, President Biden has promised that he will be the most union-friendly president in American history. He has appointed to the NLRB members and officials in keeping with this mission. The most recent change came out on April 20. The NLRB, in a decision (Noah’s Ark Processors), announced the harsher remedies and procedures against Employers in ULP cases such as:

  • Adding an Explanation of Rights to the remedial order that informs employees of their rights in a more comprehensive manner;
  • Requiring a reading and distribution of the Notice and any Explanation of Rights to employees, including potentially requiring supervisors or particular officials involved in the violations to participate in or be present for the reading and/or allowing presence of a union agent during the reading;
  • Mailing the Notice and any Explanation of Rights to the employees’ homes;
  • Requiring a person who bears significant responsibility in the Respondent’s organization to sign the Notice;
  • Publication of the Notice in local publications of broad circulation and local appeal;
  • Requiring that the Notice/Explanation be posted for an extended period of time;
  • Visitation requirement, permitting representatives of the Board to inspect the Respondent’s bulletin boards and records to determine and secure compliance with the Board’s order;
  • Reimbursement of Union’s bargaining expenses, including making whole any employees who lost wages by attending bargaining sessions.

The Board stated that these harsher remedies will apply to repeated or egregious misconduct. I am skeptical of this limitation. Click here for the Board’s press release and click here for the full decision.

Questions? Contact Richard Wessels in our St. Charles office at (630) 377-11554 or by email

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