Dish Network’s Arbitration Gag Order Mostly Legal, NLRB Rules

Dish Network Corp.’s confidentiality requirement in its workplace arbitration agreement mostly complied with federal labor law, a divided National Labor Relations Board ruled.

The NLRB signed off on the Colorado-based satellite television company’s gag order for arbitration hearings, discovery, and awards. But Dish Network can’t lawfully silence workers about arbitration settlements, the board said in its ruling Thursday.

The ruling featured a lengthy dissent from Chairwoman Lauren McFerran, the board’s lone Democratic member, which could prove to be a roadmap for where the board will take its body of law governing arbitration agreements after the Republican members lose their majority. ...