The National Labor Relations Board (NLRB) announced Jan. 18 that it is considering adopting a new legal standard for whether confidentiality requirements, known informally as “gag orders,” in mandatory arbitration agreements violate the National Labor Relations Act (NLRA). We’ve gathered articles on the news from SHRM Online and other outlets.
Briefs Invited
In Ralphs Grocery Co., the NLRB invited briefs on this issue by March 21. The board asked whether the arbitration policy in this case interferes with employees’ right to file board charges or otherwise access board processes. The NLRB also asked, in the event that the Federal Arbitration Act does not prevent the board from reviewing arbitration-related confidentiality requirements under the NLRA, what standard the board should apply to determine whether such requirements are legal.
