American Express Company and/or AMEX Card Service Company

National Labor Relations Board - Unpublished Board Decisions

Mar 18, 2015

28-CA-123865 (N.L.R.B. Mar. 18, 2015)

NOT INCLUDED IN PHJ
BOUND VOLUMES Phoenix, AZ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
AMEX CARD SERVICES COMPANY, a subsidiary
of AMERICAN EXPRESS TRAVEL RELATED
SERVICES COMPANY, INC., a subsidiary
of AMERICAN EXPRESS COMPANY
and Case 28-CA-123865
ERANDI ACEVEDO, JENNIFER FLYNN, and
JOHNATHAN LONGNECKER
ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the Board1 upon the joint motion of the Respondent
Amex Card Services Company, a subsidiary of American Express Travel Related
Services Company, Inc., a subsidiary of American Express Company; the Charging
Parties Erandi Acevedo, Jennifer Flynn, and Johnathan Longnecker; and the General
Counsel to waive a hearing and decision by an administrative law judge and to transfer
the proceedings to the Board for a decision based on the stipulated record.
On May 22, 2014, the General Counsel, through the Regional Director for Region
28, issued a complaint and notice of hearing alleging that, at all material times, the
Respondent has maintained the rules set forth in the documents entitled “American
Express Company Employment Arbitration Policy” and “New Hire Employment
Arbitration Policy Acknowledgement Form”; since about February 27, 2014, the

1 Member Miscimarra recused himself and took no part in the consideration of this
case.
2
Respondent has enforced the rules set forth in these documents by maintaining a cause
of action in the United States District Court of the District of Arizona seeking to compel
the individual arbitration of employment claims by its employees. The complaint alleges
that, by the foregoing conduct, the Respondent has violated Section 8(a)(1) of the Act
by interfering with, restraining, and coercing employees in the exercise of their Section 7
rights.
On October 10, 2014, the parties filed a joint motion and stipulation of facts with
the Board. Pursuant to Section 102.35(a)(9) of the Board’s Rules and Regulations, the
parties have waived a hearing before an administrative law judge and agreed to submit
the record in this case directly to the Board for findings of fact, conclusions of law, and a
Decision and Order. The parties have requested that the Board set a time for the filing
of briefs.
The Board having considered the matter,
IT IS ORDERED that the joint motion is granted and the case is transferred to
and continued before the Board in Washington, D.C., for the purpose of issuing findings
of fact, conclusions of law, and a Decision and Order.
IT IS FURTHER ORDERED that the stipulated record, which includes the
Charge, the Complaint and Notice of Hearing, the Stipulation of Facts, the Statement of
Issues Presented, each party’s Statement of Position, and Joint Exhibits 1(a) through 5,
is approved and made part of the record.
The parties may file initial briefs with the Board in Washington, D.C., on or before
[21 days after Order issues], and answering briefs within 14 days thereafter in
accordance with Section 102.35(a)(9) of the Board’s Rules and Regulations.
3
Dated, Washington, D.C.
By Direction of the Board:
Gary Shinners
_______________________________
Executive Secretary