William J. Emanuel and Debra L. Schroeder of Littler Mendelson, P.C. alert all in-house counsel that it may be time to update your company’s employment arbitration policy:
"All private sector employers that maintain mandatory employment arbitration policies for nonunion employees should review those policies as a consequence of the recent decision of the National Labor Relations Board ("the Board" or NLRB) in U-Haul Co. of California, 347 NLRB No. 34 (2006). In that decision, the Board held that an employer’s policy violated the National Labor Relations Act (NLRA) because it did not expressly exclude from the disputes subject to mandatory arbitration any unfair labor practice charges that may be filed under the NLRA."
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