By Doug Cunningham, February 19, 2016
A federal judge in Indiana has stopped Menard's from enforcing an arbitration agreement that was imposed on Menard's workers by the company. The federal court stopped Menard's from enforcing their arbitration agreement on workers until the NLRB investigates.
OPEIU attorney Seth Goldstein says these stays against companies are rare.
[Seth Goldstein]: "For the first time a federal court has issued a stay against a arbitration agreement that Menard's forced an employee to sign."
Janet Payne was bringing an Americans With Disabilities Act charge against Menard's when the company invoked the arbitration agreement restrictions on her ability to seek legal relief.
[Seth Goldstein]: "She's unable, under this agreement, to go to the National Labor Relations Board. And there's confidentiality provisions that are overbroad. And there's also a waiver of her rights to bring a collective or class action."
Goldstein is seeking relief at the NLRB for Menard's workers he says are experiencing violations by the company of the National Labor Relations Act. Goldstein urges other Menard's workers to come forward. He says he expects the NLRB to issue charges against Menard's when the board concludes its investigation.
[Seth Goldstein]: "Best outcome is for the NLRB to strike down the arbitration agreement so she has the right to sue, because Menards' agrement is no more than what's called an adhesion contract. It's forced on her with unfair provisions that limit her rights to due process under the law."