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NLRB Rejects Employer's Attempt to Limit Rights Under the NLRA
On June 2, 2011, an NLRB Administrative Law Judge (ALJ) found that parts supplier Supply Technologies, LLC unlawfully required employees to sign up for a comprehensive grievance and arbitration system that would eliminate their rights under the NLRA ' and then discharged 20 employees when they refused to do so.
Eighteen of the discharged employees were Hmong refugees and two were Spanish-speaking immigrants, all employed at the Ohio-based company's Minneapolis warehouse. Four testified at the administrative law hearing that they did not fully understand the documents explaining the new system and were concerned that they were signing away rights. All four said that they were escorted out of the building and were told to leave immediately after they refused to sign the documents.
In his decision, the ALJ found that the documents describing the program were confusing and inconsistent ' at one point, making patently clear that the only claims expressly exempt from the company's procedure are those involving workers' compensation claims, unemployment claims and criminal claims; and, at another point, assuring employees that they could file other claims with government agencies, but that they would waive any rights to remedies that might result for these claims.
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