Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Employers Beware: Compelling Arbitration Under a CBA May Be a Problem

Author: Scarinci Hollenbeck, LLC

Date: May 24, 2023

Key Contacts

Back

BACKGROUND:

After being fired by his employer, Anheuser-Busch Companies, LLC, Matthew Brown filed suit in federal district court alleging that his termination was the result of racial discrimination and retaliation, in violation of Title VII.

In response, Anheuser-Busch filed a motion seeking to compel arbitration of Brown’s district court claims, asserting that at the time when he was hired, Brown had agreed to be bound by the company’s Arbitration Agreement, which required employees to arbitrate any such claims against the company. Brown disagreed that he was required to arbitrate his claims, insisting that he was entitled to have his claims adjudicated via district court proceedings, including a jury trial.

So far, there is nothing out of the ordinary here, procedurally. Specifically, employers typically seek to enforce arbitration agreements to lower costs and time in adjudicating claims. It is also quite typical for an employee to argue that said agreement is unenforceable.

Typically, when such a dispute arises, the court will interpret the at-issue agreement to determine whether the employee can be required to pursue his claims via arbitration instead of through a judicial proceeding.

THE LITIGATION:

Here is where it gets interesting. In International Brotherhood of Teamsters Local 947 v. Anheuser-Busch Brewing Properties, LLC, the National Labor Relations Board (“NLRB”) inserted itself into the proceedings, prior to resolution by the district court and ordered the defendant employer to cease and desist any efforts to require arbitration.

While there is precedent for the NLRB to direct persons under its jurisdiction to cease their particular litigation efforts, it is not typically done in this manner. After Anheuser-Busch asked the district court to compel arbitration, Brown filed an unfair labor practice charge with the NLRB, arguing that the defendant employer’s efforts to enforce its arbitration agreement contravened the collective bargaining agreement and constituted a unilateral change to the terms of Brown’s employment, in violation of the National Labor Relations Act (“NLRA”). Pending a determination by the NLRB. The district court action was stayed.

THE NLRB DETERMINATION:

The Administrative Law Judge (“ALJ”) assigned to rule on the charge ordered Anheuser-Busch to withdraw portions of its motion to compel arbitration in the district court litigation. The matter then moved to a review panel of the NLRB. In a split two-one decision, the NLRB dismissed the charge. The Board declined to determine whether Anheuser-Busch’s motion to compel arbitration contravened relevant portions of the NLRA, and thereby constituted an unfair labor practice.

Instead, the Board held that even if Anheuser-Busch’s efforts to compel arbitration were unlawful under the NLRA, the Petition Clause of the First Amendment generally protected its right to give it a try in the district court litigation.

Further, the Board concluded that Anheuser-Busch’s motion to compel arbitration did not meet the exception to a litigant’s First Amendment right to petition that the Supreme Court had carved out in Bill Johnson’s Restaurants, Inc. v. NLRB, which exception permits the Board to enjoin even reasonably-based lawsuits when the latter have “an objective that is illegal under federal law.”

ANHEUSER-BUSCH APPEALS:

Anheuser-Busch filed an appeal arguing that the ALJ’s order requiring Anheuser-Busch to withdraw its motion to compel arbitration pursuant to the Dispute Resolution Policy violated Anheuser-Busch’s First Amendment Right to Petition.

THE DECISION:

In a blistering opinion, the Eleventh Circuit reversed the NLRB. The opinion turns largely on the meaning of a footnote in a 1983 Supreme Court decision that originated in Arizona, Bill Johnson’s Restaurants, Inc. v. NLRB. The Court of Appeals held that a court filing may lose its First Amendment protections and violate the NLRA when the filing has “an objective that is illegal under federal law,” which is precisely the standard established in Bill Johnson’s Restaurant case.

The court found that the motion to compel arbitration in this instance potentially had an objective that was, itself, illegal because it sought to enforce an arbitration agreement that itself might turn out to be a violation of the NLRA. As a result, the court reversed the NLRB and remanded the case to determine whether, in fact, the arbitration agreement violates the NLRA.

This decision explores the intricacies and dichotomies between the First Amendment Petition Clause and the NLRA. The ruling here would essentially chill First Amendment-protected petitioning of the courts, as employers, unions, and employees alike have no clear way to determine whether something as simple as a motion to compel arbitration violates the NLRA. The decision may open the door for the Supreme Court to revisit Bill Johnson’s Restaurant and particularly footnote 5.

The court was extremely critical of the NLRB’s requirement that there must be an additional unlawful underlying act in addition to the litigation itself. The court specifically noted that the NLRB utterly failed to give any examples of what such underlying acts could be.

TAKEAWAY FOR EMPLOYERS:

Employers with union employees will need to thoroughly review the pertinent CBA before going to the courts to attempt to compel arbitration. If your company has any questions concerning agreements to arbitrate, contact us today.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: