Dish Network, LLC

National Labor Relations Board - Unpublished Board Decisions

May 27, 2016

27-CA-158916 (N.L.R.B. May. 27, 2016)

1
NOT INCLUDED IN PHMc
BOUND VOLUMES Englewood, CO
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DISH NETWORK, LLC
and Case 27-CA-158916
BRETT DENNEY
ORDER APPROVING STIPULATION, GRANTING MOTION,
AND TRANSFERRING PROCEEDING TO THE BOARD
This matter comes before the National Labor Relations Board upon the joint motion of
Respondent Dish Network, LLC, Charging Party Brett Denney, and the General Counsel to
waive a hearing and decision by an administrative law judge and to transfer the proceeding to the
Board for a decision based on the stipulated record.
On December 14, 2015, the General Counsel, through the Acting Regional Director for
Region 27, issued a complaint a notice of hearing alleging that, on about March 3, 2015, the
Respondent, by General Manager Emily Evans, prohibited employees from discussing their
discipline with their co-workers. In addition, the complaint alleges that since about March 1,
2015, the Respondent has maintained, and since then enforced, a mandatory arbitration
agreement with its current and former employees. The complaint alleges that, by the foregoing
conduct, the Respondent has been interfering with, restraining, and coercing employees in the
exercise of the rights guaranteed in Section 7 of the Act in violation of Section 8(a)(1) of the Act.
On March 25, 2016, the parties filed a joint motion and stipulation of facts with the
2
Board. 1 Pursuant to Section 102.35(a)(9) of the Board’s Rules and Regulations, the parties have
waived a hearing before an administrative law judge and agreed to submit the record in this case
directly to the Board for findings of fact, conclusions of law, and a Decision and Order. The
parties have requested that the Board set a time for the filing of briefs.
The Board having considered the matter,
IT IS ORDERED that the joint motion is granted and the case is transferred to and
continued before the Board in Washington, D.C., for the purpose of issuing findings of fact,
conclusions of law, and a Decision and Order.
IT IS FURTHER ORDERED that the stipulated record, which includes the joint motion
and stipulation of facts, statements of the issues presented, Joint Exhibits 1 through 15 (including
the charge and amendments thereto, the Complaint and Notice of Hearing, the Answer, a Motion
to Amend the Complaint, and statements of position by the General Counsel and Respondent), is
approved and made part of the record.
The parties may file initial briefs with the Board in Washington, D.C., on or before June
17, 2016, and answering briefs within 14 days thereafter in accordance with Section 102.35(a)(9)
of the Board’s Rules and Regulations.
Dated, Washington, D.C., May 27, 2016.
By direction of the Board:
Gary Shinners
_____________________________
Executive Secretary

1 In the joint motion, the General Counsel moves to amend the complaint to add that the
Respondent’s arbitration agreement includes language stating that “all arbitration proceedings. . .
shall be confidential.” The joint motion further states that the Respondent has not raised any
objections to the General Counsel’s motion, and that it filed an answer to the amendment to the
complaint.