REMEDIES FOR UNFAIR PRACTICES; MISCELLANEOUS REMEDIAL PROVISIONS – Notices; Posting, Reading, and Mailing

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Because the remedy did not not fully restore the status quo for two employees who lost their department chair positions in retaliation for protected activity, and particularly because the District’s pervasive retaliatory conduct likely harmed their reputations in a way which could impact their ability to compete in future chair elections, the Board supplemented the remedy to include a verbal reading of the notice posting by a District representative to those District employees in the bargaining unit.

A spoken notice reading is one example of a non-standard remedy that is warranted “whenever customary remedies are insufficient.” Here, however, declining to reinstate the employees as chairs—out of concern for innocent incumbents—could leave employees chilled by Brown’s retaliatory acts. The Board therefore found that this case called for a non-standard remedy. “Notice reading is a way to let in a ‘warming wind of information’ to not only alert employees to their rights but also impress upon them that, as a matter of law, their employer or union must and will respect those rights in the future. Reading the notice (and any explanation of rights) aloud disseminates that information through the work force in a clear and effective way.” (Noah’s Ark Processors, LLC D/B/A WR Reserve (2023) 372 NLRB 80, p. 6, citations omitted.) (pp. 42-43.)