Board ALJ Throws Out Another Class Waiver: Abigail Rubenstein of Law360 ($$) writes that last week, a National Labor Relations Board (NLRB) Administrative Law Judge ruled that an arbitration agreement between Domino’s Pizza and its employees violated federal labor law because it contained a class action waiver. While the agreement allows workers to opt out within 30 days, ALJ Mindy Landow still found the waiver to be unlawful pursuant to the Board’s D.R. Horton decision.
“The Act unambiguously confers to employees the right to engage in protected concerted activities without interference from his or her employer,” the judge’s decision said. “It follows, therefore, that an employer may not lawfully require its employees to affirmatively act (in this case, opt out, in writing within 30 days) in order to obtain or retain such rights.”
Interestingly, the ALJ’s decision noted that she was bound by the Board’s D.R. Horton decision, which possibly signals her disagreement with its logic. Domino’s has already stated that it will be filing exceptions to the ruling. We will keep you posted as this case continues to move forward.
NLRB Files Complaint Against Kellogg Co.: CBS Detroit reports that last week, the National Labor Relations Board filed unfair labor practice charges against Kellogg Co. The complaint alleges that Kellogg’s failed to bargain in good faith and then illegally locked out its employees to advance its bargaining position.
“Under the NLRA, an employer has an obligation to bargain in good faith with respect to wages, hours, and other terms and conditions of employment,” the board said in the release. “The law requires that, when a collective-bargaining agreement (CBA) is in effect and an employer seeks to modify the terms and conditions contained in the CBA, the employer must obtain the union’s consent before implementing such changes.”
A hearing has been set for May 5 at the Board’s regional office in Memphis, TN. We will be watching this case and will post any important developments to the @LRToday blog.
Union Questions Decertification Petition: Gregg Gross of the York Dispatch writes that last week, a group of school bus drivers in Spring Grove, PA elected to sever ties with the Teamsters, a union that had represented them for about four years. However, a Teamsters official has raised questions over the propriety of the decertification. In particular, the Teamsters are asking whether the bus drivers garnered enough support to file the petition. The spokesperson further noted that he did not believe any decertification notice had been filed with the NLRB.