Kelly Services NLRB Notice and Dispute Resolution: Understanding Binding Arbitration
Kelly Services, a leading staffing agency, has recently come under scrutiny from the National Labor Relations Board (NLRB) over their dispute resolution process. The NLRB has issued a notice accusing Kelly Services of violating federal labor laws by requiring employees to sign a mutual agreement to binding arbitration.
So, what exactly is a mutual agreement to binding arbitration and why does it matter?
Binding arbitration is a process in which a neutral third party, called an arbitrator, hears arguments from both sides of a dispute and makes a final decision that both parties agree to abide by. A mutual agreement to binding arbitration means that both the employer and employee agree to use this process instead of filing a lawsuit in court.
While binding arbitration can be a useful tool for resolving disputes quickly and efficiently, it can also be used to limit employees’ rights. For example, it can prevent employees from joining together to file a class-action lawsuit, which can be more effective than individual claims. It can also limit the evidence that can be presented and the amount of damages that can be recovered.
The NLRB has argued that Kelly Services’ mutual agreement to binding arbitration violates federal labor laws because it interferes with employees’ right to engage in “concerted activity” for their mutual aid or protection, which is protected under the National Labor Relations Act (NLRA). The NLRA allows employees to join together to improve their working conditions and negotiate with their employer.
In response, Kelly Services has argued that their mutual agreement to binding arbitration is legal and does not violate federal labor laws. They have also stated that the NLRB’s notice is not a finding of wrongdoing and that they will continue to defend their position.
So, what does this mean for Kelly Services employees?
If you are a Kelly Services employee who has signed a mutual agreement to binding arbitration, it is important to understand your rights and options. While the NLRB’s notice does not automatically invalidate the agreement, it does raise questions about its legality. You may want to consult with an attorney who is knowledgeable in employment law to discuss your options.
In the meantime, it is important for all employees to be aware of their rights under the NLRA and to be proactive about protecting them. This includes understanding your right to engage in concerted activity with your coworkers, including forming or joining a union. It also includes knowing how to file a complaint with the NLRB if you believe your employer has violated federal labor laws.
In conclusion, Kelly Services’ mutual agreement to binding arbitration is currently under scrutiny by the NLRB. While binding arbitration can be a useful tool for resolving disputes, it can also be used to limit employees’ rights. If you are a Kelly Services employee who has signed a mutual agreement to binding arbitration, it is important to consult with an attorney to discuss your options. Regardless of your situation, it is essential to understand your rights under the NLRA and to be proactive about protecting them.