231895P.pdf   04/08/2024  NLRB  v.  Noah's Ark Processors, LLC
   U.S. Court of Appeals Case No:  23-1895
   National Labor Relations Board   
   [PUBLISHED] [Stras, Author, with Melloy and Stras, Circuit Judges] 
   Petition for Review/Application for Enforcement - NLRB. The Board did not 
   err in concluding that the employer acted unfairly when it refused to 
   bargain in good faith and unilaterally implemented a new 
   collective-bargaining agreement. The employer's tactics, including opening 
   with a "regressive" offer, refusing to engage on other major issues, and 
   never budging on topics, even as the parties made progress on minor 
   points, are substantial evidence of an unwillingness to approach the 
   renewed negotiations with sincere intent to reach an agreement. Further, 
   substantial evidence supports the Board's conclusion that there was a 
   "complete breakdown" in negotiations and that the employer did not bargain 
   in good faith. Finally, the employer's objection to the Board's 
   "extraordinary" remedies is not applicable, because it did not object at 
   the appropriate time nor are there extraordinary circumstances to allow an 
   exception. Enforcement of the Board's decision and order is granted.