DBS Installer Seeks Stay of NLRB Finding Pending Writ of Certiorari Filing

The 6th U.S. Circuit Court of Appeals should stay its mandate in its May ruling pending a petition for a writ of certiorari to be filed at the Supreme Court, appellant Alternative Entertainment Inc. (AEI) said in a motion (in Pacer) Thursday with the appeals court. The 6th Circuit last month upheld a National Labor Relations Board finding that the direct broadcast satellite service installer violated the National Labor Relations Act (NLRA) by barring workers from pursuing class-action litigation or collective arbitration of work-related claims and when it barred a technician from discussing a proposed compensation change with co-workers and subsequently fired him for discussing the change. AEI in its motion said the Supreme Court petition would focus on whether employment agreements can include a provision barring class-action actions, as multiple circuit courts have agreed, or whether that provision would violate Section 7 of the NLRA, as the 6th Circuit held in its ruling.