The summary of NLRB decisions for the week of July 5 – 8 is now available.
Summarized Board Decisions
Bristol Farms (21-CA-103030; 364 NLRB No. 34) Carson, CA, July 6, 2016.
Applying D. R. Horton, Inc., 357 NLRB 2277 (2012), enf. denied in relevant part 737 F.3d 344 (5th Cir. 2013), and Murphy Oil USA, Inc., 361 NLRB No. 72 (2014), enf. denied in relevant part, 808 F.3d 1013 (5th Cir. 2015), a Board panel majority consisting of Chairman Pearce and Member McFerran found that the Respondent violated Section 8(a)(1) by maintaining and enforcing an arbitration agreement that requires employees to waive their rights to pursue class or collective actions involving employment-related claims in all forums, whether arbitral or judicial. Member Miscimarra dissented from these findings for the reasons explained in his partial dissenting opinion in Murphy Oil USA, Inc. However, the panel unanimously found that maintaining the arbitration agreement violated Section 8(a)(1) because employees reasonably would believe that the agreement bars or restricts their right to file unfair labor practice charges with the Board.
Charge filed by an individual. Administrative Law Judge Lisa Thompson issued her decision on October 17, 2014. Chairman Pearce and Members Miscimarra and McFerran participated.