The National Labor Relations Board (the “Board”) has traditionally been limited in ways to remedy violations of federal labor law. Often, the Board is constrained to ordering “make-whole” relief like backpay and employee reinstatement. However, as we reported in December 2022, recent Board decisions have expanded available remedies, including the addition of consequential damages, in the agency’s adjudication of unfair labor practice charges. Last week, in Noah’s Ark Processors, LLC, the Board enlarged its cache of possible remedies where an employer has a history of unfair labor practices.
