Facts

Talina Torres filed a complaint charging employer, Employers Resource, with violating the National Labor Relations Act in connection with its arbitration agreement.

COMPLAINANT'S CONTENTIONS:
Respondent allegedly violated Section 8(a)(1) of the NLRA by maintaining and enforcing an arbitration agreement that required employees to waive their rights to pursue employment-related actions as a class or collective action. Employees were only allowed to pursue employment-related actions on an individual basis.

RESPONDENT'S CONTENTIONS:
Respondent denied the allegations, alleging it was in compliance with the Act at all times.

Result

Administrative Law Judge Jeffrey D. Wedekind concluded that respondent had engaged in unfair labor practices as alleged and in in violation of the Act. Accordingly, the ALJ ordered respondent to cease and desist from further violations, to rescind the mandatory arbitration provision, and reimburse Torres for reasonable fees and costs.

Other Information

COMMISSIONERS: Mark G. Pearce, Lauren McFerran. FILING DATE: Jan. 24, 2013.