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ARTICLE · 12 MAY 2023

Labor Board Refuses To "Swallow Its Whistle"

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This month ushered in the NHL and NBA playoffs. Whether you are in a city which has multiple participants (hello New York, Boston, Miami, and Los Angeles) or none...

United StatesEmployment and HR
Robert E. Entin
Robert E. Entin
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This month ushered in the NHL and NBA playoffs. Whether you are in a city which has multiple participants (hello New York, Boston, Miami, and Los Angeles) or none (here's looking at you Washington and Chicago), there is a prevailing belief that, due to the high stakes involved in the playoffs, referees will "swallow their whistles" and decide against calling fouls or penalties that they otherwise would in the regular season. The National Labor Relations Board ("NLRB" or "Labor Board") must have missed this memo. In a recent decision in Noah's Ark Processors, LLC d/b/a WR Reserve, the Labor Board announced that it will grant requests for extraordinary remedies against violating parties who have "shown a proclivity to violate the [National Labor Relations Act] or who have engaged in egregious or widespread misconduct."

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