Cellular Sales of Missouri LLC v. NLRB, No. 15-1620 (8th Cir. 2016)
Annotate this CaseCellular Sales petitions for review of the Board's determination that it violated the National Labor Relations Act (NLRA), 29 U.S.C. 157, 158(a)(1). The court concluded that Cellular Sales did not violate section 8(a)(1) by requiring its employees to enter into an arbitration agreement that included a waiver of class or collective actions in all forums to resolve employment-related disputes. Therefore, the court granted the petition for review and declined to enforce the Board’s order with respect to this issue. Because the class-action waiver did not violate section 8(a)(1), Cellular Sales’s attempt to enforce the class-action waiver likewise did not violate section 8(a)(1). Therefore, the court granted the petition for review and declined to enforce the Board’s order with respect to this issue. The court also declined to enforce the Board’s remedies related to this issue. Because Cellular Sales’s unlawful arbitration agreement remained in effect and governed a former employee both as a current and as a former employee during the section 10(b) limitations period, his unfair labor practice charge was not time-barred. Accordingly, the court granted in part and denied in part the petition for review, and denied in part and enforced in part the Board's order.