Split NLRB Issues 1st Mandatory Arbitration Ruling After Epic

Mealey's (September 11, 2019, 8:51 AM EDT) -- WASHINGTON, D.C. — In its first decision addressing mandatory arbitration since the U.S. Supreme Court issued its ruling in Epic Systems Corp. v. Lewis, the National Labor Relations Board on Aug. 14 took up two matters of first impression and ruled 3-1 that employers are not prohibited from promulgating mandatory arbitration agreements in response to a wage collective action and are not prohibited from telling employees that they will be fired if they refuse to sign the mandatory agreements (Cordúa Restaurants, Inc. and Steven Ramirez and Rogelio Morales and Shearone Lewis, Nos. 16-CA-16091, 16-CA-161380, 16-CA-170940 and 16-CA-173451, NLRB)....