Employers Can't Keep Arbitrations Secret, NLRB Judge Says

Law360 (March 22, 2019, 6:56 PM EDT) -- Employers can't bar workers from discussing the outcome of employment arbitration, a National Labor Relations Board judge said Thursday, in a decision that could curtail a key feature of arbitration agreements and tee up a new clash between labor law and the Federal Arbitration Act.

So-called confidentiality provisions in arbitration agreements infringe workers' National Labor Relations Act rights to engage in concerted activity by barring them from discussing an employment term akin to their pay, NLRB Administrative Law Judge Keltner Locke said Thursday, recommending the NLRB make Pfizer Inc. nix a confidentiality policy that two workers challenged.

The U.S. Supreme Court's...

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