Noah’s Ark Processors let boat sink on NLRB negotiations

Collective bargaining issues and unfair labor practices under the National Labor Relations Act (NLRA) continue to dominate headlines and changes in the law. We have previously noted the increased initiatives by National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo—which have included crackdowns on confidentiality agreements, severance agreements, and employer-imposed punishments for workplace outbursts if they could be tied to complaints about workplace conditions. There are a lot of matters for employers to consider, and one you should never forget is the obligation to negotiate with unionized workforces in good faith. Here’s an example of what not to do when negotiating.

Storm clouds were brewing

Noah’s Ark Processors had a collective bargaining agreement with its workers, who were unionized with the United Food and Commercial Workers’ Union (UFCW). After the agreement expired, the local chapter of the UFCW started negotiations for a new agreement, but those negotiations stalled shortly after talks began. Noah’s Ark, as part of its “negotiations,” sent an administrative assistant, who had no decision-making authority, to the talks. It extended a final offer that didn’t include even minor changes that the parties had previously agreed upon.