2020 NLRB LEXIS 384; 2020-21 NLRB Dec. (CCH) P16,730; 369 NLRB No. 132

2020 NLRB LEXIS 384; 2020-21 NLRB Dec. (CCH) P16,730; 369 NLRB No. 132

Opinion

DECISION, ORDER, AND NOTICE TO SHOW CAUSE

On October 22, 2018, Administrative Law Judge Elizabeth M. Tafe issued the attached decision, and on November 14, 2018, she issued an Errata. The Respondent filed exceptions and a supporting brief, the General Counsel and Charging Parties filed answering briefs, and the Respondent filed reply briefs. In addition, the Charging Parties filed cross-exceptions and a supporting brief, and the Respondent filed an answering brief.

The National Labor Relations Board has considered the decision and the record in light of the exceptions and briefs ¹ and has decided to affirm the judge's rulings, findings, and conclusions ² only to the extent consistent with this Decision and Order. ³ 

I. BACKGROUND

The Respondent operates several pawn brokerages in the Detroit metropolitan area. The General Counsel alleges that multiple provisions set forth in separate employment documents maintained by the Respondent violate Section 8(a)(1). Specifically, the allegations pertain to provisions found in the Respondent's Employment Agreement; the contract between the Company and employee and Employee Handbook Receipt (Contract and Receipt); the Employee Handbook; and an updated version of the handbook (Updated Handbook). [*3]  The General Counsel further alleges that the Respondent unlawfully discharged four employees for refusing to sign documents that required them to agree to be bound by the allegedly unlawful rules.

We adopt the judge's findings that the Respondent violated Section 8(a)(1) by maintaining a mandatory arbitration agreement that interferes with employees' rights to file charges with, participate in, and access the Board and its processes; ⁴ the indemnity provisions of the Employment Agreement and the Contract and Receipt, which, inter alia, unlawfully require employees to defray the Respondent's costs of enforcing the unlawful arbitration agreement; the rule prohibiting unauthorized disclosure of the Employee Handbooks; and the rules in the Employee Agreement, Employee Handbook, and Updated Handbook restricting association with and solicitation of other employees. ⁵ 

We additionally adopt the judge's findings that the Respondent unlawfully discharged employees Terrence Walker, Patricia Tilmon, Gianluca Bartolucci, and Ringo Salzar for failing to sign the Employment Agreement and Contract and Receipt that required them to agree to be bound by the Respondent's work rules, including the unlawful arbitration and indemnity provisions. See Alorica, Inc., 368 NLRB No. 25, slip op. at 1 fn. 3 (2019) (finding respondent violated Sec. 8(a)(1) by discharging employees for refusing to sign arbitration agreement that unlawfully restricted employee access to the Board and its processes).

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