Facts

A complaint was filed under the National Labor Relations Act against Gamestop Inc., a videogame retailer, and others regarding their use of a mandatory arbitration provision in employment-related disputes.

COMPLAINANT'S CONTENTIONS:
The General Counsel to the National Labor Relations Board contended that respondents violated the Section 8(a)(1) of the Act by maintaining arbitration rules that required employees, as a condition of employment, to waive their right to pursue employment-related class actions.

RESPONDENTS' CONTENTIONS:
Respondents contended that the complaint was time-barred, that the arbitration rules provided an exemption and therefore, did not unlawfully interfere with employees' rights, and that an opt-out provision in the rules placed them outside the scope of the prohibition against mandatory individual arbitration agreements.

Result

The NLRB concluded that respondents violated the Act, and ordered them to cease and desist from maintaining an arbitration policy that violated the law and to take affirmative action to effectuate the policies of the Act.

Other Information

COMMISSIONERS: Mark G. Pearce, Kent Y. Hirozawa. FILING DATE: May 8, 2012.