ALJ Nixes Another Arbitration Policy Per D.R. Horton: Abigail Rubenstein of Law360($$) writes that earlier this week, a National Labor Relations Board Administrative Law Judge held that a mandatory arbitration policy violated Section 7 of the National Labor Relations Act. In particular, the ALJ found that the California Honda dealership’s agreement with its employees was unlawful even though the company has consolidated individual arbitrations.
The ALJ took issue with the fact that the arbitration agreement did not contain any class waiver language. Rather, the agreement made it appear that employees could only bring forth individual employment actions against the dealership. The ALJ further held that language providing that any communications related to the arbitration were privileged also was unlawful. We will keep you posted on any appeal to the full Board.
Lesley U Adjuncts Look To Unionize: Mary Moore of the Boston Business Journal reports that adjunct faculty working at Lesley University in Boston and Cambridge, MA have filed a petition with the NLRB in an attempt to form a labor union. Currently, the faculty are receiving assistance from an affiliate of the Service Employees International Union called "Adjunct Action/SEIU." The faculty’s expressed hope is that, by unionizing, they will receive better benefits and more stable employment. The university, in a short statement, provided that it would participate in the process. We will keep you posted as the petition moves through the Board’s machinations.
Fresh ULPs Filed Against Palermo’s Pizza: Georgia Pabst of the Milwaukee Journal Sentinel reports that the Palermo Workers Union recently filed a complaint with the NLRB against Palermo’s Pizza, alleging that the company has been interfering with the workers’ attempts to form a union at the plant. The company issued a short response yesterday, calling the charge nothing short of a "stall tactic."
The complaint alleges that Palermo’s has "interfered with, restrained, and coerced employees in the exercise of rights" protected by the National Labor Relations Act. In particular, the workers’ complaint provides that employees have been precluded from discussing unionization with each other. We will keep you posted as this complaint moves forward.