NLRB Invalidates Another Arbitration Agreement

Abstract

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.