RMH Franchise Corporation d/b/a Applebee's Restaurant

National Labor Relations Board - Unpublished Board Decisions

Oct 29, 2015

28-CA-145185 (N.L.R.B. Oct. 29, 2015)

NOT INCLUDED IN
BOUND VOLUMES Phoenix, AZ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
RMH FRANCHISE CORPORATION
d/b/a APPLEBEE’S RESTAURANT
and Case 28-CA-145185
HEIDI JOHNSON
ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the Board upon the joint motion of Respondent RMH
Franchise Corporation d/b/a Applebee’s Restaurant, Charging Party Heidi Johnson, and
the General Counsel in which the parties agree to waive a hearing and decision by an
administrative law judge, and request that the proceedings be transferred to the Board
for a decision based on the stipulated record.
On February 27, 2015, the General Counsel, through the Regional Director for
Region 28, issued a complaint and notice of hearing alleging that the Respondent has
maintained and enforced a mandatory Arbitration Agreement containing “Arbitration”
and “Class, Collective, and Representative Action Waiver” provisions and maintained a
separate Acknowledgement regarding that Agreement. 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 May 11, 2015, 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
complaint and notice of hearing, the answer, the stipulation of facts, the statement of
issues presented, each party’s statement of position, and Joint Exhibits 1(a), 1(b), and
2, is approved and made part of the record.
The parties may file initial briefs with the Board in Washington, D.C., on or before
November 19, 2015, and answering briefs within 14 days thereafter in accordance with
Section 102.35(a)(9) of the Board’s Rules and Regulations.1
Dated, Washington, D.C., October 29, 2015.

1 Despite the complaint’s reference to enforcement of the Arbitration Agreement,
the parties’ stipulation contains no facts regarding any enforcement of the Agreement
and the parties agree that the issue to be resolved is whether the Respondent’s
maintenance of the Agreement violates Sec. 8(a)(1). Accordingly, our review of the
Agreement will be limited to its maintenance.
As recounted above, the complaint alleges that the Acknowledgment of the
Agreement likewise violates the Act. Given that the joint motion requests that the entire
case be transferred to the Board, and given that the complaint and answer are part of
the stipulated record, the Board considers the allegation pertaining to the legality of the
Acknowledgement to be part of the proceeding herein transferred to the Board.
3
By Direction of the Board:
Gary Shinners________________
Executive Secretary