Arise Virtual Solutions, Inc.

National Labor Relations Board - Unpublished Board Decisions

Oct 29, 2015

12-CA-144223 (N.L.R.B. Oct. 29, 2015)

1
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
ARISE VIRTUAL SOLUTIONS, INC.
and Case 12-CA-144223
MATTHEW RICE
ORDER1
The Respondent’s Motion to Dismiss for Failure to Join a Required Party and
Motion to Dismiss for Failure to State a Claim are denied. The Respondent has failed to
establish that there are no genuine issues of material fact regarding its assertion that
joinder of Certified Client Solutions, LLC is necessary in this case. Further, the
Respondent has not shown that the complaint fails to state a claim on which relief can
be granted.
Dated, Washington, D.C., October 29, 2015.
MARK GASTON PEARCE, CHAIRMAN
LAUREN McFERRAN , MEMBER
MEMBER MISCIMARRA, dissenting.
For the reasons stated in my partial dissent in Murphy Oil USA, Inc., 361 NLRB
No. 72, slip op. at 22–35 (2014) (Member Miscimarra, dissenting), I do not believe that
Section 8(a)(1) of the Act prohibits employees and employers from entering into
agreements that waive class procedures in litigation or arbitration. Because the
General Counsel has only alleged violations that are dependent on the unlawfulness of

1 The National Labor Relations Board has delegated its authority in this proceeding to a
three-member panel.
2
such an agreement, I would find that the General Counsel failed to state a claim upon
which relief may be granted, and grant the Respondent’s Motion to Dismiss for Failure
to State a Claim.1
Dated, Washington, D.C., October 29, 2015.
PHILIP A. MISCIMARRA, MEMBER

1 I find it unnecessary to pass on the Respondent’s Motion to Dismiss for Failure to Join
a Required Party.