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National Labor Relations Board
April 22, 2016
[*1578] DECISION AND ORDER
The General Counsel seeks summary judgment in this case on the grounds that there are no genuine issues of material fact as to the allegations of the complaint, and that the Board should find, as a matter of law, that the Respondent violated Section 8(a)(1) of the Act by maintaining three different policies: a Confidentiality/Non-Disclosure rule in its employee handbook, a Confidentiality Agreement that employees signed as a condition of employment, and an Arbitration Agreement, signed as a condition of employment, that prohibits its employees from participating in collective or class litigation in all forums.
Pursuant to an original charge and an amended charge filed by Donald Morgan on, respectively, February 9, 2015, and March 30, 2015, the General [**2] Counsel issued the complaint on June 30, 2015. The complaint alleges that since on or before July 1, 2011, the Respondent has maintained a Confidentiality/Non-Disclosure rule in its employee handbook. The complaint further alleges that since on or before June 23, 2014, the Respondent has maintained both a Confidentiality Agreement and an Arbitration Agreement, and required its employees to execute both agreements as a condition of employment.
The confidentiality policy in the handbook states in full:
"Confidentiality/Non-Disclosure." The protection of confidential business information and trade secrets is vital to the interest and success of Victory Casino Cruises. Such confidential information includes, but is not limited to, the following examples:
Compensation and bonus [sic]
Computer programs and codes
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
363 N.L.R.B. 1578 *; 2016 NLRB LEXIS 300 **; 206 L.R.R.M. 1113; 363 NLRB No. 167
Victory II, LLC d/b/a Victory Casino Cruises II and Donald Morgan.
Prior History: [**1]
Victory Casino Cruises II, 2015 NLRB LEXIS 763 (N.L.R.B., Oct. 20, 2015)
employees, Confidentiality, arbitration agreement, confidentiality agreement, notice, slip opinion, wages, terms and conditions, Non-Disclosure, prohibits, charges, employment condition, handbook, arbitration, revised, rights, rescinded, meaning of a section, employee handbook, right to file, nonemployees, colleagues', disclosure, violates, alleges, concerted activity, policies, unfair labor practice, collective action, non-NLRA