Dish Network, LLC

National Labor Relations Board - Unpublished Board Decisions

Jun 8, 2021

27-CA-158916 (N.L.R.B. Jun. 8, 2021)

NOT TO BE INCLUDED McKR
IN 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 REMANDING1
On March 18, 2021, the National Labor Relations Board issued a Supplemental Decision,
Order, and Notice to Show Cause, resolving complaint allegations regarding the Respondent’s
maintenance of a mandatory arbitration agreement. Dish Network, LLC, 370 NLRB No. 97
(2021). The Board also severed the remaining complaint allegation that the Respondent
unlawfully prohibited an employee from discussing his suspension with other employees and
issued a notice to show cause why this allegation should not be remanded to the Regional
Director for Region 27 for further appropriate action. Id., slip op. at 8-9. The General Counsel
filed a response stating that he does not oppose remand, and the Respondent filed a response
opposing remand.
Having duly considered the matter,2
1 The National Labor Relations Board has delegated its authority in this proceeding to a three-
member panel.
2 The Respondent opposes remand because it believes that the allegation warrants dismissal
under Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019) (holding that
investigative confidentiality rules are lawfully maintained where, by their terms, the rules apply
for the duration of the investigation). However, the Respondent does not address the specific
circumstances that suggest a remand is the appropriate action here. Specifically, we observe that
following the Board’s issuance of its initial Decision and Order, the Respondent and the General
Counsel filed a joint motion with the United States Court of Appeals for the Fifth Circuit, stating
2
IT IS ORDERED that the complaint allegation that the Respondent violated Section
8(a)(1) of the Act by prohibiting employees from discussing their discipline with their co-
workers is remanded to the Regional Director for Region 27 for further appropriate action.
Dated, Washington, D.C., June 8, 2021.
By direction of the Board:
Roxanne Rothschild
Executive Secretary
that they had reached a resolution of this allegation and therefore requested the withdrawal of the
petition for review and the cross-application for enforcement in relevant part. While the court
chose to remand the entire case to the Board, neither of the parties’ responses to the Notice to
Show Cause indicates that their previously announced resolution is off the table. Accordingly,
we find that in these circumstances the most prudent course of action is to remand the allegation
to the Regional Director for further appropriate action.