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NLRB Invalidates Another Arbitration Agreement
Publication year - 2017
Publication title -
management report for nonunion organizations
Language(s) - English
Resource type - Journals
eISSN - 1530-8286
pISSN - 0745-4880
DOI - 10.1002/mare.30293
Subject(s) - arbitration , limiting , confidentiality , agreement , business , law , compulsory arbitration , labor relations , law and economics , political science , economics , engineering , mechanical engineering , linguistics , philosophy
Recently, the National Labor Relations Board invalidated yet another employer arbitration program that required employees to arbitrate rather than litigate workplace disputes. In Dish Network , LLC, Case 27‐CA‐158916 (April 13, 2017), the Board struck down the company's arbitration agreement because: (1) employees would reasonably construe it as limiting or prohibiting them from filing charges with the NLRB; and (2) a confidentiality provision within the agreement prohibited employees from discussing arbitration proceedings, including matters related to terms and conditions of employment. The Board held that the agreement was overly broad and infringed on employees' right to file charges with the NLRB and to discuss terms and conditions of employment.