NLRB Pans Compensation Agreement Provision Requiring Arbitration of All Employment Disputes | Practical Law
In Cellular Sales of Missouri, LLC, the National Labor Relations Board (NLRB) held that an employer violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by maintaining a mandatory binding arbitration agreement in its compensation schedule for nonunion commission sales employees that they would reasonably believe restricted their rights to file unfair labor practice (ULP) charges with the NLRB. The NLRB also found that the employer maintained and enforced an arbitration agreement provision precluding employees from pursuing class or collective actions in either judicial or arbitral forums that was unlawful under D.R. Horton and Murphy Oil USA Inc.