MULTIBAND EC, INC.

National Labor Relations Board - Unpublished Board Decisions

Sep 12, 2014

25-CA-108828 (N.L.R.B. Sep. 12, 2014)

PMH
New Hope, MN
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
MULTIBAND EC, INC.
and Case 25-CA-108828
CHAUFFEURS, TEAMSTERS, WAREHOUSEMEN
AND HELPERS, LOCAL 135
ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the Board upon the joint motion of Respondent
Multiband EC, Inc., Charging Party Chauffeurs, Teamsters, Warehousemen and
Helpers Local Union No. 135, 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 September 27, 2013, the General Counsel, through the Regional Director for
Region 25, issued a complaint and notice of hearing alleging that, since on or about July
1, 2013, the Respondent has maintained a document entitled “Arbitration Agreement”
(Agreement), which contains a “Class and Collective Action Waiver” provision, and has
required employees to enter into the Agreement as a condition of employment. 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.
2
On April 30, 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 joint
motion and stipulation of facts and all of the exhibits attached thereto (including the
charge, the Complaint and Notice of Hearing, the Answer, all other joint exhibits and GC
exhibits, and statements of position by the General Counsel and the Respondent) 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.
Dated, Washington, D.C., September 12, 2014
By Direction of the Board:
Gary Shinners
_______________________________
Executive Secretary