212188P.pdf   04/22/2022  NLRB  v.  Noah's Ark Processors, LLC
   U.S. Court of Appeals Case No:  21-2188
   National Labor Relations Board   
   [PUBLISHED] [Loken, Author, with Shepherd and Stras, Circuit Judges] 
   Petition for Enforcement - National Labor Relations Act. NLRB seeks 
   enforcement of decision adopting findings that Noah's Ark committed 
   multiple unfair labor practices by failing to bargain in good faith for a 
   successor collective bargaining agreement, withholding relevant bargaining 
   information, unlawfully declaring a impasse and unilaterally implementing 
   altered conditions of employment and also concluding Noah's Ark unlawfully 
   threatened and terminated ten workers who engaged in an unauthorized work 
   stoppage. The Board adopted the ALJ's proposed remedies, with one dissent. 
   As for the work stoppage claim, there was substantial evidence that Noah's 
   Ark fired the employees and that the employees were terminated for 
   engaging in a protected concerted work stoppage. The employees were 
   represented by a union and the union did not authorize the work stoppage, 
   but the Board's determination that the work stoppage was not unprotected 
   because Noah's Ark did not prove the ten employees attempted to circumvent 
   their union and bargain directly with the employer is supported by the 
   record and thus the we enforce the Board's determination that Noah's Ark 
   violated section 8(a)(1) when it terminated ten employees. Substantial 
   evidence supports the Board's finding that Noah's Ark did not negotiate to 
   a valid impasse, as Noah's Ark did not make reasonable effort at good 
   faith bargaining. The remedies imposed were not an abuse of the Board's 
   substantial discretion. Judge Stras concurs in part and in the judgment.