The alternative dispute resolution landscape continues to evolve
for employers with unionized workforces. Anheuser-Busch,
LLC, 367 NLRB 123 (May 22, 2019), is the National Labor
Relations Board's (NLRB) latest decision on the applicability
of employment-related, mandatory arbitration agreements in a union
context, after last year's Supreme Court decision in Epic
Systems Corp. v. Lewis.
In Anheuser-Busch, a divided three-member panel held
that an employer can lawfully seek to enforce a pre-employment
arbitration agreement against a former union employee, even though
it had not provided the union with notice or an opportunity to
bargain over the terms of the arbitration agreement.
