Steven Swirsky Quoted in “Secrecy Rules Doom DISH Arbitration Agreements”

Bloomberg BNA Daily Labor Report

Steven M. Swirsky, a Member of the Firm in the Employment, Labor & Workforce Management and Health Care and Life Sciences practices, in the firm’s New York office, was quoted in the Bloomberg BNA Daily Labor Report, in “Secrecy Rules Doom DISH Arbitration Agreements,” by Lawrence E. DubeĢ.

Following is an excerpt:

Managers should carefully review the language of arbitration agreements and how the employer has applied them, Steven M. Swirsky, a member of Epstein Becker Green in New York who represents employers, told Bloomberg BNA April 14. But to avoid problems, they should also “carve out” and protect the right of each employee to file NLRB charges.

Employers that think they need to build confidentiality rules into an arbitration procedure should consider why such language is needed and how it can be framed, Swirsky said. Blanket rules that prohibit employees from discussing workplace issues are inconsistent with NLRB precedents and they’ll be found illegal.

Employers also should note the concurring opinion by the NLRB’s acting chairman, Philip A. Miscimarra (R), and his desire to examine employer rules on their merits, not merely on how employees may reasonably construe the employer’s language, Swirsky said. When a new majority takes over the NLRB, “that’s your direction,” he said.