EAJA Awards (#32864)

CPS Security (USA), Inc., v. National Labor Relations Board
No. 16-70488 (9th Cir.)
Other Agency
National Labor Relations Board (NLRB)
CPS Security (USA), Inc.
15,000.00
Court
https://www.nlrb.gov/cases-decisions/decisions/board-decisions?volume=363&slipnumber_i=86&page_number=
The alleged unfair labor practice by the Employer, a security services contractor, concerned its maintenance and enforcement of a “voluntary” arbitration agreement that waived employees’ rights to pursue collective or class-litigation in any forum. The Board, relying on On Assignment Staffing Services, 362 NLRB No. 189 (2015), rev'd per curiam, No. 15-60642, 2016 WL 3685206 (5th Cir. June 6, 2016) (holding that an “opt-out” procedure does not cure an otherwise unlawful arbitration policy), found the Employer had violated the National Labor Relations Act. After the Employer filed a petition for review with the Ninth Circuit and the Board filed a cross-application for enforcement of its Order, the Ninth Circuit placed the case in abeyance pending the Supreme Court’s decision in NLRB v. Murphy Oil, USA, Inc. (No. 16-307). On May 21, 2018, the Supreme Court issued its decision in Epic Systems Corp. v. Lewis, 137 S.Ct. 1612 (2018), rejecting the Board’s interpretation of the Act. On May 23, 2018, the Board moved to remove this case from abeyance, summarily grant the Employer’s petition for review, and deny the Board’s cross-application for enforcement.
settlement agreement