2021 NLRB LEXIS 98; 370 NLRB No. 97

2021 NLRB LEXIS 98; 370 NLRB No. 97

Opinion

SUPPLEMENTAL DECISION, ORDER, AND NOTICE TO SHOW CAUSE

On April 13, 2017, the National Labor Relations Board issued a Decision and Order finding that the Respondent violated Section 8(a)(1) of the National Labor Relations Act (the Act) by maintaining a mandatory arbitration agreement (Agreement) that employees reasonably would believe bars or restricts them from accessing the Board and its processes and by requiring employees to maintain the confidentiality of all arbitration proceedings, including but not limited to hearings, discovery, settlements, and awards. Dish Network, LLC, 365 NLRB No. 47 (2017). Additionally, the Board found the Respondent violated Section 8(a)(1) of the Act by prohibiting an employee from discussing his discipline with other employees. Id.

The Respondent filed a petition for review with the United States Court of Appeals for the Fifth Circuit, and the Board filed a cross-application for enforcement. On July 9, 2018, the Respondent and the General Counsel filed a joint motion asking the court to sever and remand the Board access and confidentiality allegations in light of Boeing Co., 365 NLRB No. 154 (2017). The parties also informed the court that they had reached [*2]  a "resolution of the Board's finding that DISH unlawfully told an employee not to discuss discipline with others," and they requested withdrawal of the petition for review and cross-application for enforcement of the relevant part of the Board's order. On July 18, 2018, the court remanded the case to the Board in its entirety. ¹ 

The National Labor Relations Board has delegated its authority in this proceeding to a three-member panel.

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