Waffle House, Inc.

National Labor Relations Board - Unpublished Board Decisions

Jun 18, 2015

10-CA-121178 (N.L.R.B. Jun. 18, 2015)

NOT INCLUDED IN
BOUND VOLUMES Norcross, GA
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
WAFFLE HOUSE, INC.
and Case 10-CA-121178
CARRIE HARRIS
ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the Board upon the joint motion of Respondent Waffle
House, Inc., Charging Party Carrie Harris, 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 April 29, 2014, the General Counsel, through the Regional Director for
Region 10, issued a complaint and notice of hearing alleging that the Respondent
promulgated and at all material times has maintained a mandatory arbitration policy
containing a “No Consolidated, Collective, or Class Action Arbitrations” provision, and
has enforced the policy by requiring employees to “become a party” to it. 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 December 12, 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,
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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 the exhibits attached thereto (including the charge,
the Complaint and Notice of Hearing, the Answer, a copy of the Arbitration Agreement
signed by the Charging Party, and statements of position by the General Counsel, the
Respondent, and the Charging Party), 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., June 18, 2015.
By Direction of the Board:
Gary Shinners
_______________________________
Executive Secretary