The National Labor Relations Board (NLRB) recently issued a decision that found a confidentiality provision in an arbitration agreement was lawful although it prohibited employees from discussing the outcome of the proceedings, but the NLRB also found that a blanket prohibition on acknowledging the arbitration itself violated the National Labor Relations Act (NLRA).
Quick Hits
The NLRB upheld an arbitration confidentiality provision to the extent it protected the confidentiality of the proceedings and the outcome, while found that the provision’s blanket prohibition on disclosing the existence of arbitration was unlawful.
The NLRB also upheld an arbitration provision covering “any and all” employment-related claims, finding a prominent savings clause reasonably informed employees of their rights to file a charge with the NLRB.
On August 10, 2026, the NLRB issued a 2–1 supplemental decision in Ralphs Grocery Company, 375 NLRB No. 25. The NLRB found that an employer’s arbitration… Read the complete article here...
© 2026, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.