THE BRIAD RESTAURANT GROUP, LLC

National Labor Relations Board - Unpublished Board Decisions

Oct 26, 2016

22-CA-165746 (N.L.R.B. Oct. 26, 2016)

PMMc
Livingston, NJ
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
BRIAD RESTAURANT GROUP, LLC
and Case 22-CA-165746
OUTTEN & GOLDEN, L.L.P.
ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the National Labor Relations Board upon the joint
motion of Respondent Briad Restaurant Group, LLC, Charging Party Outten & Golden,
L.L.P., 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 March 28, 2016, the General Counsel, through the Regional Director for
Region 22, issued a complaint and notice of hearing alleging that, at all material times,
the Respondent, on a corporate-wide basis, has promulgated and maintained individual
arbitration agreements entitled “Employment At-Will and Arbitration Agreement, Non-
California States – Hourly Employees” (Arbitration Agreement) and has required
employees, upon hire, to sign the Arbitration Agreement as a condition of employment.
The complaint further alleges that, by this conduct, the Respondent has been interfering
with, restraining, and coercing employees in the exercise of the rights guaranteed in
Section 7 of the Act, in violation of Section 8(a)(1) of the Act.
On September 7, 2016, 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 a
stipulation of facts, joint exhibits 1 through 9, a statement of the issue presented, and
statements of position by the Respondent, the Charging Party, and the General
Counsel, is approved and made part of the record.
The parties may file briefs with the Board in Washington, D.C. on or before
November 16, 2016, and answering briefs 14 days thereafter in accordance with
Section 102.35(a)(9) of the Board’s Rules and Regulations.
Dated, Washington, D.C., October 26, 2016.
By direction of the Board:
Gary Shinners
________________________
Executive Secretary