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Epic Systems case is discussed here.)  In short, because these provisions were shielded by the Federal Arbitration Act (“FAA”), Section 7 could not be used to invalidate them. The Board, however, found the requirement in the second clause that “settlements” remain confidential violated employees’ rights and was unlawful under Section 7.  According to the Board, the FAA is not implicated with respect to settlements whether confidential or not because “a settlement removes a dispute from arbitration or prevents it from going to arbitration in the first place.”  As such, the Board held that the legality of this provision was governed by Boeing, not

United statesLauren mcferranUs branchEpic systems courtReinsurance corpNational labor relations actCalifornia commerce club incSupreme courtUs supreme courtNational labor relations boardJanitorial service of houstonEpstein beckerJanitorial serviceHeritage village livoniaBoeing categoryEcommerce club