WASHINGTON — A labor dispute involving Noah’s Ark Processors, based in Hastings, Neb., has led the National Labor Relations Board (NLRB) to consider potential remedies for repeated or egregious misconduct.

In NLRB’s decision regarding Noah’s Ark Processors, which was issued April 20, the board proposed solutions to address disregard to employees’ rights under the National Labor Relations Act.

Noah’s Ark Processors “bargained in bad faith” with its employees’ union, according to NLRB. Specifically, the processor exercised an “unwillingness” to consider the union’s proposals and offered “regressive proposals,” NLRB said.

NLRB found that Noah’s Ark Processors was a previous violator of the National Labor Relations Act as well.

Traditionally when the board finds an employer engaged in egregious misconduct, it issues a cease-and-desist order. After the Noah’s Ark decision, the board discussed a non-exhaustive list of potential additional remedies to be applied on a circumstantial basis.

The potential remedies include:

• 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.