loader
Page is loading...
Print Logo Logo
generic_insight_detail

UBER Arbitration Pact Tossed


The assault on company-employee arbitration pacts by the National Labor Relations Board (NLRB) continues. On June 13, an NLRB Administrative Law Judge (ALJ) ruled an Uber Technologies arbitration agreement was unlawful. Uber required its software engineers to sign an agreement that compelled arbitration of claims against the company. Specifically, the ALJ held that the language in the agreement was “ambiguous” as to employees’ rights to file charges with the NLRB or otherwise access NLRB “processes.” Notably, the judge ruled this way even though a provision in the agreement explicitly stated that employees interested in filing an administrative charge with the NLRB could do so at “www.nlrb.gov” – the agency’s own website! The ALJ ordered Uber to rescind or revise its policy to more clearly state (somehow) that employees can access NLRB processes. Uber may appeal the decision to the full NLRB, but it has not done so yet. Activity on this front has been heavy lately, as this comes on the heels of a similar decision by the NLRB rendered in April. In addition, the U.S. Supreme Court is in the midst of hearing arguments in a case in which employers are challenging the NLRB’s view that class action waivers in compulsory employment arbitration pacts violate the National Labor Relations Act. This case serves as another reminder for companies using or considering an arbitration program to resolve workplace disputes with its employees that the NLRB aggressively scrutinizes such agreements. Accordingly, care must be taken when drafting and implementing the agreements so they account for recent NLRB decisions and guidance. Failure to do so may result in the program being partially or wholly invalidated.


RELATED ARTICLES

Unions by the Numbers: 2022 Edition

January 24, 2022 | Labor Relations, Unions and Union Membership, Union Organizing

NLRB and Department of Labor Join Forces: What Does This Mean for Employers?

January 19, 2022 | Labor Relations, Department of Labor, National Labor Relations Board

New Test for a New Year? Labor Board Reconsiders Independent Contractor Status

January 4, 2022 | Labor Relations, National Labor Relations Board, Union Organizing

Union Organizing Alert: Micro-Units May Be Back at the Labor Board

December 16, 2021 | Labor Relations, Union Organizing, National Labor Relations Board

Abruzzo's Tweets Take Aim at Employer-Friendly Labor Law Precedent

December 8, 2021 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
National Labor Relations Act
NLRB
Uber
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.