Professional Janitorial Service of Houston, Inc.  (16-CA-112850; 363 NLRB No. 35)  Houston, TX, November 24, 2015.

Applying Murphy Oil USA, Inc., 361 NLRB No. 72 (2014), enf. denied in part, Murphy Oil USA, Inc., v. NLRB, No. 14-60800 (5th Cir. Oct. 26, 2015), the Board affirmed the Administrative Law Judge’s findings that the Respondent violated Section 8(a)(1) of the Act by maintaining a Dispute Resolution and Arbitration Policy (Arbitration Policy) that requires employees, as a condition of employment, to waive their rights to pursue class or collective actions involving employment-related claims in all forums, whether arbitral or judicial.  The Board also affirmed the judge’s finding that a confidentiality provision in the Arbitration Policy independently violated Section 8(a)(1) by prohibiting employees from discussing terms and conditions of employment.  Finally, the Board found that employees would reasonably construe the Arbitration Policy to limit or restrict their access to the Board and its processes and that the Respondent’s maintenance of the policy violated Section 8(a)(1) for this reason as well, reversing the judge’s dismissal of that allegation.

Member Miscimarra dissented from the finding that the Arbitration Policy violated the Act because it required employees to waive their rights to pursue class or collective actions regarding non-NLRA claims, for the reasons explained in his dissenting opinion in Murphy Oil USA, Inc.

Charge filed by Service Employees International Union.  Administrative Law Judge Joel P. Biblowitz issued his decision on June 16, 2014.  Chairman Pearce and Members Miscimarra and McFerran participated.