363 N.L.R.B. 1166; 2016 NLRB LEXIS 144; 205 L.R.R.M. 1766; 2016-17 NLRB Dec. (CCH) P16,110; 363 NLRB No. 128

363 N.L.R.B. 1166; 2016 NLRB LEXIS 144; 205 L.R.R.M. 1766; 2016-17 NLRB Dec. (CCH) P16,110; 363 NLRB No. 128

Opinion

 [*1166]  DECISION AND ORDER

On July 31, 2013, Administrative Law Judge Eleanor Laws issued the attached decision. The Respondent filed exceptions ¹ and a supporting brief. The General Counsel filed an answering brief.

 [**2]  

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

The Board has considered the decision and the record in light of the exceptions and briefs and has decided to affirm the judge's rulings, findings, and conclusions, and to adopt the recommended Order, as modified and set forth in full below. ² 

1. Applying the Board's decision in D. R. Horton, 357 NLRB No. 184 (2012), enf. denied in part, 737 F.3d 344 (5th Cir. 2013), the judge found that the Respondent violated Section 8(a)(1) of the Act by maintaining and enforcing a Mediation and Binding Arbitration Policy ("MBAP") that required employees, as a condition of employment, to waive their rights to pursue class or collective actions in employment-related claims in all forums, whether arbitral or judicial. In [**3]  Murphy Oil USA, Inc., 361 NLRB No. 72 (2014), enf. denied in relevant part 808 F.3d 1013 (5th Cir. 2015), the Board reaffirmed the relevant holdings of D. R. Horton, supra. Based on the judge's application of D. R. Horton, and on our subsequent decision in Murphy Oil, we affirm the judge's findings. ³ For the reasons discussed in Murphy Oil and Bristol Farms, 363 NLRB No. 45 (2015), we disagree with our dissenting colleague's arguments on this issue. ⁴ 

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