Flyte Tyme Worldwide

National Labor Relations Board - Board Decisions

Feb 4, 2016

363 NLRB No. 107 (N.L.R.B. 2016)

363 NLRB No. 107
NOTICE: This opinion is subject to formal revision before publication in the
bound volumes of NLRB decisions. Readers are requested to notify the Ex-
ecutive Secretary, National Labor Relations Board, Washington, D.C.
20570, of any typographical or other formal errors so that corrections can
be included in the bound volumes.
Flyte Tyme Worldwide and Matthew D. Miller, Esq.
Case 04–CA–115437
February 4, 2016
DECISION AND ORDER
BY CHAIRMAN PEARCE AND MEMBERS MISCIMARRA
AND HIROZAWA
On June 3, 2014, Administrative Law Judge Robert A.
Giannasi issued the attached decision. The Respondent
filed exceptions and a supporting brief, and the General
Counsel filed cross-exceptions and an answering brief.1
The National Labor Relations Board has delegated its
authority in this proceeding to a three-member panel.
The Board has considered the decision and the record
in light of the exceptions and briefs, and has decided to
adopt the judge’s rulings, findings, and conclusions and
to adopt his recommended Order as modified and set
forth in full below.2
The judge found, applying the Board’s decision in
D. R. Horton Inc., 357 NLRB No. 184 (2012), enf. de-
nied in relevant part, 737 F.3d 344 (5th Cir. 2013), that
the Respondent violated Section 8(a)(1) of the Act by
maintaining and enforcing an agreement that requires
employees, as a condition of employment, to waive their
rights to pursue class or collective actions involving em-
ployment-related claims in all forums, whether arbitral or
judicial.
In Murphy Oil USA, Inc., 361 NLRB No. 72 (2014),
enf. denied in relevant part, __ F.3d __, 2015 WL
6457613 (5th Cir. Oct. 26, 2015), the Board reaffirmed
the relevant holdings of D. R. Horton, supra.3 Based on

1 On August 28, 2014, subsequent to the issuance of the judge’s de-
cision, Charging Party Matthew D. Miller (an attorney representing
certain current or former employees of the Respondent) filed a motion
to withdraw the pending unfair practice charge on the ground that the
parties had reached a non-Board settlement. By Order issued March
30, 2015, the Board denied the motion, finding that approval of the
settlement would not effectuate the policies of the Act. See 362 NLRB
No. 46 (2015).
2 We shall modify the Order to conform to the violations found and
to the Board’s standard remedial language. We shall substitute new
notices to conform to the Order as modified.
3 We reject the Respondent’s assertion that D. R. Horton is invalid
because it was issued by a panel that included Member Becker. The
appointment of Member Becker was constitutionally valid and had not
expired, and thus the Board had a quorum at the time it issued D. R.
Horton. See NLRB v. Noel Canning, 134 S.Ct. 2550 (2014); Mathew
Enterprise, Inc. v. NLRB, 771 F.3d 812, 814 (D.C. Cir. 2014); Gestamp
South Carolina, L.L.C. v. NLRB, 769 F.3d 254, 257–258 (4th Cir.
2014); Entergy Mississippi, Inc., 361 NLRB No. 89, slip op. at 1–2
(2014).
the judge’s application of D. R. Horton and on our sub-
sequent decision in Murphy Oil, we affirm the judge’s
rulings, findings, and conclusions4 and adopt the recom-
mended Order as modified and set forth in full below.5

4 The Respondent argues that the complaint is time barred by Sec.
10(b) because the initial unfair labor practice charge was filed and
served more than 6 months after the employees at issue became bound
to the arbitration policy. We reject this argument, as did the judge,
because the Respondent continued to maintain the unlawful policy
during the 6-month period preceding the filing of the initial charge.
The Board has long held that maintenance of an unlawful workplace
rule, such as the Respondent’s arbitration policy, constitutes a continu-
ing violation that is not time-barred by Sec. 10(b). See PJ Cheese, Inc.,
362 NLRB No. 177, slip op. at 1 (2015); The Neiman Marcus Group,
362 NLRB No. 157, slip op. at 2 & fn. 7 (2015). It is equally well-
established that an employer’s enforcement of an unlawful rule, like the
arbitration policy here, independently violates Sec. 8(a)(1). See Mur-
phy Oil, supra, at 19–21. The Respondent enforced its agreement on
October 15, 2013, within the relevant 6-month period before the charge
was filed and served.
We also reject the Respondent’s argument that the policy is lawful
because it includes an exemption allowing employees to file charges
with “any federal, state or local government agency (e.g. claims under
the National Labor Relations Act),” and thus does not, as in D. R. Hor-
ton, unlawfully prohibit them from collectively pursuing litigation of
employment claims in all forums. We reject this argument for the
reasons fully set forth in SolarCity Corp., 363 NLRB No. 83 (2015).
The Respondent argues that the judge erred by failing to explicitly
hold that the Respondent’s employees are subject to the Federal Arbi-
tration Act (FAA). We need not reach this issue because our decision
in Murphy Oil applies to all employees covered by the Act, including
those that are subject to the FAA.
To the extent the Respondent argues that employee Christopher
Burns was not engaged in concerted activity in filing the Fair Labor
Standards Act (FLSA) lawsuit in federal district court, we reject that
argument. As the Board stated in Beyoglu, 362 NLRB No. 152 (2015),
“the filing of an employment-related class or collective action by an
individual is an attempt to initiate, to induce, or to prepare for group
action and is therefore conduct protected by Section 7.” Id., slip op. at
2. See also D. R. Horton, 357 NLRB No. 184, slip op. at 3. We also
reject the Respondent’s argument that because Burns was no longer an
employee of the Respondent at the time he filed the lawsuit, the filing
of the lawsuit was not protected by Sec. 7. The Board has long held
that the broad definition of “employee” contained in Sec. 2(3) of the
Act covers former employees. See Briggs Mfg. Co., 75 NLRB 569,
571 (1947). Accord Leslie’s Poolmart, Inc., 362 NLRB No. 184, slip
op. at 1 fn. 2 (2015); PJ Cheese, Inc., 362 No. 177, slip op. at 3 fn. 9.
Our dissenting colleague observes that the Act does not “dictate”
any particular procedures for the litigation of non-NLRA claims, and
“creates no substantive right for employees to insist on class-type
treatment” of such claims. This is all surely correct, as the Board has
previously explained in Murphy Oil, supra, 361 NLRB No. 72, slip op.
at 2, and Bristol Farms, 363 NLRB No. 45, slip op. at 2 and fn. 2
(2015). But what our colleague ignores is that the Act “does create a
right to pursue joint, class, or collective claims if and as available,
without the interference of an employer-imposed restraint.” Murphy
Oil, supra, slip op. at 2 (emphasis in original). The Respondent’s poli-
cy is just such an unlawful restraint.
Likewise, for the reasons explained in Murphy Oil and Bristol
Farms, there is no merit to our colleague’s view that finding the
Agreement unlawful runs afoul of employees’ Sec. 7 right to “refrain
from” engaging in protected concerted activity. See Murphy Oil, 361
NLRB No. 72, slip op. at 18; Bristol Farms, 363 NLRB No. 45, slip op.
2 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
ORDER
The National Labor Relations Board orders that the
Respondent, Flyte Tyme Worldwide, Mahwah, New Jer-
sey, its officers, agents, successors, and assigns shall
1. Cease and desist from
(a) Maintaining and/or enforcing a mandatory arbitra-
tion policy (the Arbitration Agreement Policy or AAP)
that requires employees, as a condition of employment,
to waive the right to maintain class or collective actions
for employment-related claims in all forums, whether
arbitral or judicial.
(b) In any like or related manner, interfering with, re-
straining, or coercing employees in the exercise of rights
guaranteed by Section 7 of the Act.
2. Take the following affirmative action necessary to
effectuate the policies of the Act.

at 2. Nor is he correct in insisting that Sec. 9(a) of the Act requires the
Board to permit individual employees to prospectively waive their Sec.
7 right to engage in concerted legal activity. See Murphy Oil, supra,
slip op. at 17–18; Bristol Farms, supra, slip op. at 2.
We reject our dissenting colleague’s view that the Respondent’s mo-
tion to compel arbitration was protected by the First Amendment’s
Petition Clause. In Bill Johnson’s Restaurants v. NLRB, 461 U.S. 731
(1983), the Court identified two situations in which a lawsuit enjoys no
such protection: where the action is beyond a State court’s jurisdiction
because of Federal preemption, and where “a suit . . . has an objective
that is illegal under federal law.” 461 U.S. at 737 fn. 5. Thus, the
Board may properly restrain litigation efforts such as the Respondent’s
motion to compel arbitration that have the illegal objective of limiting
employees’ Sec. 7 rights and enforcing an unlawful contractual provi-
sion, even if the litigation was otherwise meritorious or reasonable.
See Murphy Oil, supra, slip op. at 20–21; Convergys Corp., 363 NLRB
No. 51, slip op. at 2 fn. 5 (2015).
5 Consistent with our decision in Murphy Oil, supra, at 21, we shall
order the Respondent to reimburse employee Christopher Burns and
any other plaintiffs for all reasonable expenses and legal fees, with
interest, that they incurred in opposing the Respondent’s unlawful
motion in the United States District Court to compel arbitration of their
class or collective claims. See Bill Johnson’s Restaurants v. NLRB,
461 U.S. 731, 747 (1983) (“If a violation is found, the Board may order
the employer to reimburse the employees whom he had wrongfully
sued for their attorneys’ fees and other expenses” as well as “any other
proper relief that would effectuate the policies of the Act.”). Interest
shall be computed in the manner prescribed in New Horizons, 283
NLRB 1173 (1987), compounded daily as prescribed in Kentucky River
Medical Center, 356 NLRB 6 (2010). See Teamsters Local 776 (Rite
Aid), 305 NLRB 832, 835 fn. 10 (1991) (‘[I]n make-whole orders for
suits maintained in violation of the Act, it is appropriate and necessary
to award interest on litigation expenses”), enfd. 973 F.2d 230 (3d Cir.
1992).
The Respondent argues that this proceeding should be stayed pend-
ing the final outcome of the parties’ FLSA litigation in the United
States District Court for the District of New Jersey. This contention is
moot because those parties reached a settlement agreement in that
litigation.
In adopting the judge’s remedy (as amended), we do not rely on
Target Co., 359 NLRB No. 103 (2013), Federal Security, Inc., 359
NLRB No. 1 (2012), or J.A. Croson, 359 NLRB No. 2 (2012).
(a) Rescind the nationwide handbook provisions re-
garding the AAP in all of its forms or revise the AAP in
all its forms to make it clear to employees that the AAP
does not constitute a waiver of their right to maintain
employment-related joint, class, or collective actions in
all forums.
(b) Notify all current and former employees who were
required to sign or otherwise become bound to the AAP
in any form that the AAP has been rescinded or revised
and, if revised, provide them a copy of the revised AAP.
(c) In the manner set forth in the remedy section of the
judge’s decision as amended in this decision, reimburse
Christopher Burns and any other plaintiffs for any rea-
sonable attorneys’ fees and litigation expenses that they
may have incurred in opposing the Respondent’s motion
to dismiss and compel individual arbitration, with inter-
est.
(d) Within 14 days after service by the Region, post at
its Mahwah, New Jersey facility copies of the attached
notice marked “Appendix A” and all of its other facilities
copies of the attached notice marked “Appendix B.”6
Copies of the notices, on forms provided by the Regional
Director for Region 4, after being signed by the Re-
spondent’s authorized representative, shall be posted by
the Respondent and maintained for 60 consecutive days
in conspicuous places including all places where notices
to employees are customarily posted. In addition to
physical posting of paper notices, notices shall be dis-
tributed electronically, such as by email, posting on an
intranet or an internet site, and/or other electronic means,
if the Respondent customarily communicates with its
employee by such means. Reasonable steps shall be tak-
en by the Respondent to ensure that the notices are not
altered, defaced, or covered by any other material. If the
Respondent has gone out of business or closed the facili-
ty involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the no-
tice marked “Appendix A” to all current employees and
former employees employed by the Respondent at any
time since April 23, 2013. If the Respondent has gone
out of business or closed any facilities other than the one
involved in these proceedings, the Respondent shall du-
plicate and mail, at its own expense, a copy of the notice
marked “Appendix B” to all current and former employ-
ees employed by the Respondent at those facilities at any
time since October 15, 2013.

6 If this Order is enforced by a judgment of a United State court of
appeals, the words in the notice reading “Posted by Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
FLYTE TYME WORLDWIDE 3
(e) Within 21 days after service by the Region, file
with the Regional Director for Region 4 a sworn certifi-
cation of a responsible official on a form provided by the
Region attesting to the steps that the Respondent has
taken to comply.
Dated, Washington, D.C. February 4, 2016
______________________________________
Mark Gaston Pearce, Chairman
______________________________________
Kent Y. Hirozawa, Member
(SEAL) NATIONAL LABOR RELATIONS BOARD
MEMBER MISCIMARRA, dissenting in part.
In this case, my colleagues find that the Respondent’s
Arbitration Agreement Policy (Agreement) violates Sec-
tion 8(a)(1) of the National Labor Relations Act (the Act
or NLRA) because the Agreement waives the right to
participate in class or collective actions regarding non-
NLRA employment claims. Christopher Burns signed
the Agreement, and later Burns filed a class action law-
suit against the Respondent in federal court alleging that
the Respondent was violating the Fair Labor Standards
Act and various New Jersey and Pennsylvania wage and
hour laws. In reliance on the Agreement, the Respondent
filed a Motion to Dismiss and Enforce the Parties’
Agreement to Compel Arbitration. My colleagues find
that the Respondent thereby unlawfully enforced its
Agreement. I respectfully dissent from these findings for
the reasons explained in my partial dissenting opinion in
Murphy Oil USA, Inc.1
I agree that an employee may engage in “concerted”
activities for “mutual aid or protection” in relation to a
claim asserted under a statute other than NLRA.2 How-

1 361 NLRB No. 72, slip op. at 22–35 (2014) (Member Miscimarra,
dissenting in part). The Board majority’s holding in Murphy Oil inval-
idating class-action waiver agreements was recently denied enforce-
ment by the Court of Appeals for the Fifth Circuit. Murphy Oil USA,
Inc. v. NLRB, 808 F.3d 1013 (5th Cir. 2015).
2 I agree that non-NLRA claims can give rise to “concerted” activi-
ties engaged in by two or more employees for the “purpose” of “mutual
aid or protection,” which would come within the protection of NLRA
Sec. 7. See Murphy Oil, 361 NLRB No. 72, slip op. at 23–25 (Member
Miscimarra, dissenting in part). However, the existence or absence of
Sec. 7 protection does not depend on whether non-NLRA claims are
pursued as a class or collective action, but on whether Sec. 7’s statutory
requirements are met—an issue separate and distinct from whether an
individual employee chooses to pursue a claim as a class or collective
action. Id.; see also Beyoglu, 362 NLRB No. 152, slip op. at 4–5
ever, Section 8(a)(1) of the Act does not vest authority in
the Board to dictate any particular procedures pertaining
to the litigation of non-NLRA claims, nor does the Act
render unlawful agreements in which employees waive
class-type treatment of non-NLRA claims. To the con-
trary, as discussed in my partial dissenting opinion in
Murphy Oil, NLRA Section 9(a) protects the right of
every employee as an “individual” to “present” and “ad-
just” grievances “at any time.”3 This aspect of Section
9(a) is reinforced by Section 7 of the Act, which protects
each employee’s right to “refrain from” exercising the
collective rights enumerated in Section 7. Thus, I be-
lieve it is clear that (i) the NLRA creates no substantive
right for employees to insist on class-type treatment of
non-NLRA claims;4 (ii) a class-waiver agreement per-
taining to non-NLRA claims does not infringe on any
NLRA rights or obligations, which has prompted the
overwhelming majority of courts to reject the Board’s
position regarding class-waiver agreements;5 and (iii)

(2015) (Member Miscimarra, dissenting). Thus, I agree with the Re-
spondent that the filing of a class- or collective-action lawsuit by a
single individual is not concerted activity. See Beyoglu, above.
3 Murphy Oil, above, slip op. at 30–34 (Member Miscimarra, dis-
senting in part). Sec. 9(a) states: “Representatives designated or select-
ed for the purposes of collective bargaining by the majority of the em-
ployees in a unit appropriate for such purposes, shall be the exclusive
representatives of all the employees in such unit for the purposes of
collective bargaining in respect to rates of pay, wages, hours of em-
ployment, or other conditions of employment: Provided, That any indi-
vidual employee or a group of employees shall have the right at any
time to present grievances to their employer and to have such griev-
ances adjusted, without the intervention of the bargaining representa-
tive, as long as the adjustment is not inconsistent with the terms of a
collective-bargaining contract or agreement then in effect: Provided
further, That the bargaining representative has been given opportunity
to be present at such adjustment” (emphasis added). The Act’s legisla-
tive history shows that Congress intended to preserve every individual
employee’s right to “adjust” any employment-related dispute with his
or her employer. See Murphy Oil, above, slip op. at 31–32 (Member
Miscimarra, dissenting in part).
4 When courts have jurisdiction over non-NLRA claims that are po-
tentially subject to class treatment, the availability of class-type proce-
dures does not rise to the level of a substantive right. See D. R. Horton,
Inc. v. NLRB, 737 F.3d 344, 362 (5th Cir. 2013) (“The use of class
action procedures . . . is not a substantive right.”) (citations omitted),
petition for rehearing en banc denied No. 12-60031 (5th Cir. 2014);
Deposit Guaranty National Bank v. Roper, 445 U.S. 326, 332 (1980)
(“[T]he right of a litigant to employ Rule 23 is a procedural right only,
ancillary to the litigation of substantive claims.”).
5 The Fifth Circuit has twice denied enforcement of Board orders
invalidating a mandatory arbitration agreement that waived class-type
treatment of non-NLRA claims. See Murphy Oil, Inc., USA v. NLRB,
above; D. R. Horton, Inc. v. NLRB, above. The overwhelming majority
of courts considering the Board’s position have likewise rejected it.
See Murphy Oil, 361 NLRB No. 72, slip op. at 34 (Member
Miscimarra, dissenting in part); id., slip op. at 36 fn. 5 (Member John-
son, dissenting) (collecting cases); see also Patterson v. Raymours
Furniture Co., Inc., 96 F. Supp. 3d 71 (S.D.N.Y. 2015); Nanavati v.
Adecco USA, Inc., 99 F. Supp. 3d 1072 (N.D. Cal. 2015), motion to
4 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
enforcement of a class-action waiver as part of an arbitra-
tion agreement is also warranted by the Federal Arbitra-
tion Act (FAA).6 Although questions may arise regard-
ing the enforceability of particular agreements that waive
class or collective litigation of non-NLRA claims, I be-
lieve these questions are exclusively within the province
of the court or other tribunal that, unlike the NLRB, has
jurisdiction over such claims.7
Because I believe the Respondent’s Agreement was
lawful under the NLRA, I would find it was similarly
lawful for the Respondent to file a motion in federal
court seeking to enforce the Agreement. That the Re-
spondent’s motion was reasonably based is supported by
court decisions that have enforced similar agreements.8
As the Fifth Circuit recently observed after rejecting (for
the second time) the Board’s position regarding the legal-
ity of class-waiver agreements: “[I]t is a bit bold for [the
Board] to hold that an employer who followed the rea-
soning of our D.R. Horton decision had no basis in fact
or law or an ‘illegal objective’ in doing so. The Board
might want to strike a more respectful balance between
its views and those of circuit courts reviewing its or-
ders.”9 I also believe that any Board finding of a viola-
tion based on the Respondent’s reasonably based federal
court motion to compel arbitration would improperly risk
infringing on the Respondent’s rights under the First
Amendment’s Petition Clause. See Bill Johnson’s Res-
taurants v. NLRB, 461 U.S. 731 (1983); BE & K Con-
struction Co. v. NLRB, 536 U.S. 516 (2002); see also my

certify for interlocutory appeal denied 2015 WL 4035072 (N.D. Cal.
June 30, 2015); Brown v. Citicorp Credit Services, Inc., No. 1:12-cv-
00062-BLW, 2015 WL 1401604 (D. Idaho Mar. 25, 2015) (granting
reconsideration of prior determination that class waiver in arbitration
agreement violated NLRA).
6 For the reasons expressed in my Murphy Oil partial dissent and
those thoroughly explained in former Member Johnson’s dissent in
Murphy Oil, the FAA requires that the arbitration agreement be en-
forced according to its terms. Murphy Oil, above, slip op. at 34 (Mem-
ber Miscimarra, dissenting in part); id., slip op. at 49–58 (Member
Johnson, dissenting).
7 Because I disagree with the Board’s decisions in Murphy Oil,
above, and D. R. Horton, Inc., 357 NLRB No. 184 (2012), enf. denied
in relevant part 737 F.3d 344 (5th Cir. 2013), and I believe the NLRA
does not render unlawful arbitration agreements that provide for the
waiver of class-type litigation of non-NLRA claims, I find it unneces-
sary to reach whether such agreements should independently be
deemed lawful to the extent they “leave[ ] open a judicial forum for
class and collective claims,” D. R. Horton, 357 NLRB No. 184, slip op.
at 12, by permitting the filing of complaints with administrative agen-
cies that, in turn, may file class- or collective-action lawsuits. See
Owen v. Bristol Care, Inc., 702 F.3d 1050 (8th Cir. 2013).
8 See, e.g., Murphy Oil, Inc., USA v. NLRB, above;
Johnmohammadi v. Bloomingdale’s, 755 F.3d 1072 (9th Cir. 2014); D.
R. Horton, Inc. v. NLRB, above; Owen v. Bristol Care, Inc., 702 F.3d
1050 (8th Cir. 2013); Sutherland v. Ernst & Young LLP, 726 F.3d 290
(2d Cir. 2013).
9 Murphy Oil, Inc., USA v. NLRB, 808 F.3d at 1021.
partial dissent in Murphy Oil, above, 361 NLRB No. 72,
slip op. at 33–35. Finally, for similar reasons, I believe
the Board cannot properly require the Respondent to re-
imburse Christopher Burns and other plaintiffs for their
attorneys’ fees in the circumstances presented here.
Murphy Oil, above, 361 NLRB No. 72, slip op. at 35.
Accordingly, I respectfully dissent in part.10
Dated, Washington, D.C. February 4, 2016
______________________________________
Philip A. Miscimarra, Member
NATIONAL LABOR RELATIONS BOARD
APPENDIX A
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated Federal labor law and has ordered us to post and
obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT maintain and/or enforce a mandatory ar-
bitration agreement policy (the Arbitration Agreement
policy or AAP) that requires employees, as a condition of
employment, to waive the right to maintain class or col-
lective actions for employment-related claims in all fo-
rums, whether arbitral or judicial.
WE WILL NOT in any like or related manner, interfere
with, restrain, or coerce employees in the exercise of
rights listed above.
WE WILL rescind the nationwide handbook provisions
regarding the AAP in all of its forms or revise the AAP
in all of its forms to make it clear to employees that the
AAP does not constitute a waiver of their right to main-

10 I agree with my colleagues that (i) Member Becker’s appointment
was constitutional and had not yet expired at the time the Board issued
D. R. Horton, above; (ii) the complaint is not time-barred under Sec.
10(b) of the Act; and (iii) Christopher Burns was an employee under
Briggs Mfg. Co., 75 NLRB 569, 571 (1947), at the time he filed the
class action lawsuit in federal court.
FLYTE TYME WORLDWIDE 5
tain employment-related joint, class, or collective actions
in all forums.
WE WILL notify all current and former employees who
were required to sign the Handbook containing the AAP,
or otherwise become bound to the AAP in any form, that
the AAP has been rescinded or revised and, if revised,
provide them a copy of the revised Handbook.
WE WILL reimburse Christopher Burns and any other
plaintiffs for any reasonable attorneys’ fees and litigation
expenses that they may have incurred in opposing our
motion to dismiss and compel individual arbitration, with
interest.
FLYTE TYME WORLDWIDE
The Board’s decision can be found at
www.nlrb.gov/case/04-CA-115437 or by using the QR code
below. Alternatively, you can obtain a copy of the decision
from the Executive Secretary, National Labor Relations
Board, 1015 Half Street, S.E., Washington, D.C. 20570, or
by calling (202) 273–1940.
APPENDIX B
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we
violated Federal labor law and has ordered us to post and
obey this notice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on
your behalf
Act together with other employees for your bene-
fit and protection
Choose not to engage in any of these protected
activities.
WE WILL NOT maintain a mandatory arbitration agree-
ment policy (the Arbitration Agreement Policy or AAP)
that requires employees, as a condition of employment,
to waive the right to maintain class or collective actions
for employment-related claims in all forums, arbitral or
judicial.
WE WILL NOT in any like or related manner, interfere
with, restrain, or coerce employees in the exercise of
rights listed above.
WE WILL rescind the nationwide handbook provisions
regarding the AAP in all of its forms or revise the AAP
in all of its forms to make it clear to employees that the
AAP does not constitute a waiver of their right to main-
tain employment-related joint, class, or collective actions
in all forums.
WE WILL notify all current and former employees who
were required to sign the Handbook containing the AAP,
or otherwise become bound to the AAP in any form, that
the AAP has been rescinded or revised and, if revised,
provide them a copy of the revised Handbook.
FLYTE TYME WORLDWIDE
The Board’s decision can be found at
www.nlrb.gov/case/04-CA-115437 or by using the QR code
below. Alternatively, you can obtain a copy of the decision
from the Executive Secretary, National Labor Relations
Board, 1015 Half Street, S.E., Washington, D.C. 20570, or
by calling (202) 273–1940.
Noelle M. Reese, for the General Counsel.
David G. Islinger, Esq. (Jackson Lewis, P.C.), for the Respond-
ent.
Matthew Miller, Esq. (Swartz Swidler, LLC), for the Charging
Party.
DECISION
STATEMENT OF THE CASE
ROBERT A. GIANNASI, Administrative Law Judge. The com-
plaint in this matter alleges that Respondent violated Section
8(a)(1) of the Act by maintaining and enforcing an Arbitration
Agreement Policy (AAP) that requires its employees to “forego
any rights they would otherwise have to resolution of employ-
ment related disputes by collective or class action.” The com-
plaint also alleges that Respondent responded to a class action
civil complaint against Respondent in the United States District
Court for the District of New Jersey by filing a “Motion to
Dismiss and Enforce the Parties’ Agreement to Compel Arbi-
tration” on an individual rather than on a class-wide basis, thus
further violating Section 8(a)(1) of the Act. Respondent filed
6 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
an answer denying the essential allegations in the complaint.
On April 10, 2014, I granted a joint motion to submit this
case to me for decision on stipulation of facts, thus waiving a
hearing under Section 102.35(a)(9) of the Board’s Rules and
Regulations. The parties thereafter filed briefs, which I have
read and considered.
Based on the entire record in this case, including the stipula-
tion, the agreed upon exhibits, and the briefs of the parties, I
make the following
FINDINGS OF FACT
The stipulation of the parties sets forth the following:
* * * *
5.(a) At all material times, Respondent, a New Jersey corpo-
ration with a facility in Mahwah, New Jersey, has been engaged
in providing interstate and intrastate limousine transportation
services.
(b) During the past year, Respondent, in conducting its
business operations described above in subparagraph (a), re-
ceived gross revenues in excess of $500,000, including gross
revenues in excess of $50,000 from its interstate operations,
and performed services valued in excess of $50,000 outside the
State of New Jersey.
(c) At all material times, Respondent has been an employer
engaged in commerce within the meaning of Section 2(2), (6)
and (7) of the Act.
6. Respondent’s headquarters is located at 81 Franklin
Turnpike, Mahwah, New Jersey and it provides limousine
transportation services out of five facilities in New Jersey,
Pennsylvania, Connecticut, New York and California.
7. (a) Since March 2012, Respondent has issued to its em-
ployees the “Flyte Tyme Limousine Driver’s Employee Hand-
book & Driver’s Guidebook” (Handbook), setting forth terms
and conditions of employment applicable to Respondent’s em-
ployees, and Respondent has maintained those terms and condi-
tions at all material times. A copy is attached as Exhibit 5.
(b) The Handbook includes in Section 6, pages 38–40 Re-
spondent’s “Arbitration Agreement Policy” (AAP).
In pertinent part, the AAP provides that “You are required to
arbitrate any and all disputes, claims, or controversies (claim)
against the Company that could be brought in a court including,
but not limited to, all claims arising out of your employment,
the cessation of employment or any other dispute, including
any claim that could have been presented to or could have been
brought before any court.” Such claims specifically included
those under the Fair Labor Standards Act and other state and
federal statutes, but were not limited to those specifically men-
tioned. The AAP also provides that “all claims [are] to be pur-
sued on an individual basis only. By signing this Agreement
you waive your right to commence, or be a party to, any class
or collective claims or to jointly bring any claim against the
Company with any other person,” with exceptions not relevant
here. Exhibit 6 to the stipulation.
(c) At all material times, Respondent has required as a con-
dition of employment that its employees to sign a “General
Handbook Acknowledgement” (Acknowledgement), attached
as Exhibit 7.
(d) By requiring employees to adhere to the AAP in the
Handbook and by requiring them to sign the Acknowledgement
referred to above in subparagraphs (a) through (d), Respondent
has maintained and enforced the AAP.
8.(a) On or about July 12, 2013, Matthew D. Miller, Esq.,
representing Respondent’s employee Christopher Burns and
other individuals similarly situated, filed a class action com-
plaint in the United States District Court for the District of New
Jersey alleging that Respondent was violating the Fair Labor
Standards Act. A copy of the complaint is attached as Exhibit
8.
(b) On or about October 22, 2013, Miller, representing Re-
spondent’s employees Christopher Burns, Arturo Torres, Wil-
liam Coffield, Mark Terry, Miguel Casanova, Ronald Lee,
Reginald Hayes, Dave Gardner and other individuals similarly
situated, filed a “First Amended Individual, Collective Action,
and Class Action Civil Complaint” (a copy is attached as Ex-
hibit 9) against Respondent in the United States District Court
for the District of New Jersey alleging that Respondent was
violating the Fair Labor Standards Act, the New Jersey Wage
and Hour Law, the New Jersey Wage Payment Law, the Penn-
sylvania Minimum Wage Act and the Pennsylvania Wage
Payment and Collection Law.
(c) On October 15, 2013, Respondent filed a “Motion to
Dismiss and Enforce the Parties’ Agreement to Compel Arbi-
tration” (Motion to Compel) in the United States District Court
for the District of New Jersey. A copy of the Motion to Com-
pel is attached as Exhibit 10.
(d) On October 15, 2013, Respondent filed a “Brief in Sup-
port of Defendant’s Motion to Dismiss and Enforce the Parties’
Agreement to Compel Arbitration.” A copy is attached as Ex-
hibit 11.
(e) On November 18, 2013, Miller filed “Plaintiffs’ Memo-
randum in Opposition to Defendant’s Motion to Dismiss and
Compel Individual Arbitration.” A copy is attached as Exhibit
12.
(f) On December 30, 2013, Respondent filed “Defendant’s
Memorandum of Law in Further Support of its Motion to Dis-
miss and Enforce the Parties’ Agreement to Compel Arbitra-
tion.” A copy is attached as Exhibit 13.
(g) On January 10, 2014, Respondent filed “Answer and De-
fenses to Amended Complaint filed by Plaintiffs Torres,
Coffield, Terry, Casanova, Lee, Hayes, and Gardner.” A copy
is attached as Exhibit 14.
(h) On March 4, 2014, the Honorable Joseph A. Dickson,
the United States Magistrate Judge of the United States District
Court for the District of New Jersey, issued his Report and
Recommendation on Defendants’ Motion to Dismiss and Com-
pel Individual Arbitration denying the Motion. A copy of the
Report is attached as Exhibit 15.
(i) On March 17, 2014, Respondent filed “Defendant’s Ob-
jections to Magistrate Judge Joseph Dickson’s Report and Rec-
ommendations.” A copy is attached as Exhibit 16.
9. On April 13, 2012, Respondent required Christopher
Burns to sign the “General Handbook Acknowledgement” as a
condition of employment. A copy is attached as Exhibit 17.
10. On April 6, 2012, Respondent required David Gardner
to sign the “General Handbook Acknowledgement” as a condi-
FLYTE TYME WORLDWIDE 7
tion of employment. A copy is attached as Exhibit 18.
11. Christopher Burns and David Gardner are the only em-
ployees named in the class action lawsuit referred above in
paragraph 8(b) that have signed the “General Handbook
Acknowledgement.” The other named employees referred
above in paragraph 8(b) separated from Respondent before the
Handbook had issued in March 2012.
12.(a) Employee Christopher Burns worked for Respondent
as a driver from in or around January 2010, to on or about June
3, 2013.
(b) Employee Arturo Torres worked for Respondent as a
driver from in or around 2009 to in or around the end of 2010
and then again from in or around June 2011, to in or around the
end of 2011.
(c) Employee William Coffield worked for Respondent as a
driver from in or around May 2008, to in or around November
2011.
(d) Employee Mark Terry worked for Respondent as a driv-
er from in or around May 2008, to in or around November
2011.
(e) Employee Miguel Casanova worked for Respondent as a
driver from in or around April 2011 to in or around September
2011.
(f) Employee Ronald Lee worked for Respondent as a driver
from in or around September 2007, to in or around November
2011.
(g) Employee Reginald Hayes worked for Respondent as a
driver from in or around April 2009, to in or around May 2011.
(h) Employee David Gardner worked for Respondent as a
driver from in or around February 2011, to in or around Sep-
tember 2012.
13. Respondent’s employees are not represented by a labor
organization at any of its locations.
14. The parties stipulate that if Respondent’s Arbitration
Agreement Policy is found to violate Section 8(a)(1) of the Act,
then Respondent’s enforcement of the AAP by filing its Motion
to Compel described above in paragraph 8(c) likewise violates
Section 8(a)(1) of the Act.
The Issues Presented1
1. Whether the Respondent’s maintenance and enforcement
of its Arbitration Agreement Policy violates Section 8(a)(1) of
the Act.
2. If Respondent violated Section 8(a)(1) of the Act as al-
leged in the complaint, what is the appropriate remedy?
Discussion and Analysis
As indicated above, the General Counsel alleges that Re-
spondent violated Section 8(a)(1) of the Act by maintaining its
AAP, which precluded employees from filing class action arbi-
trations or lawsuits, and by enforcing its AAP by filing a mo-
tion to dismiss a class action lawsuit filed by its employees and
to compel arbitration under the AAP. I agree and find the vio-

1 The issues presented section was part of the stipulation of the par-
ties.
lations alleged.2
This case involves an application of the Board’s decision in
D. R. Horton, Inc., 357 NLRB No. 184 (2012), which was de-
nied enforcement in relevant part, 737 F.3d 344 (5th Cir.
2013).3 In D. R. Horton, the Board held that an employer vio-
lates Section 8(a)(1) of the Act by “requiring employees to
waive their right to collectively pursue employment-related
claims in all forums, arbitral and judicial” because “the right to
engage in collective action—including collective legal action—
is the core substantive right protected by the NLRA and is the
foundation on which the Act and Federal labor policy rest.”
357 NLRB No. 184, slip op. 12 (emphasis in original). The
Board also concluded that its view was “consistent with the
well-established interpretation of the NLRA and with core
principles of Federal labor policy” and did not “conflict with
the letter or interfere with the policies underlying the Federal
Arbitration Act (FAA) . . . .” Id., slip op. 10. The Fifth Circuit
disagreed with the Board’s position on the latter point. 737
F.3d at 361–363. But I am constrained to follow Board prece-
dent that has not been reversed by the Supreme Court or the
Board itself. See Pathmark Stores, 342 NLRB 378 fn. 1
(2004); Iowa Beef Packers, 144 NLRB 615, 616 (1963), en-
forced in part, 331 F.2d 176 (8th Cir. 1964).4
Thus, I must reject Respondent’s suggestion (Br. 3-11) that I
decline to follow the Board’s D. R. Horton decision and instead
rely on the Fifth Circuit’s denial of enforcement, as well as
Administrative Law Judge Bruce Rosenstein’s decision in
Chesapeake Energy Corp., No. 14–CA–100530 (Nov. 8, 2013),
which dismissed a similar complaint because, in his view, the
Board’s position in D. R. Horton is contrary to the Supreme
Court’s decision in American Express Co. v. Italian Colors
Restaurant, 133 S.Ct. 2304 (2013). Judge Rosenstein’s deci-
sion is pending review by the Board and has no independent
precedential value. But, in any case, I disagree with his view
that American Express requires a decision contrary to that of
the Board in D. R. Horton. American Express did not involve
the substantive Section 7 right of employees to band together,
including by filing class action lawsuits or arbitrations, which

2 The parties stipulated that if Respondent’s AAP is found to violate
the Act then Respondent’s attempt to enforce the AAP by filing its
motion to dismiss and compel arbitration is likewise unlawful.
3 The court of appeals enforced that part of the Board’s order deal-
ing with a violation of Sec. 8(a)(1) because the arbitration policy in that
case effectively prohibited the filing of a charge with the NLRB. That
issue is not involved in this case. Thus, Respondent’s contention (Br.
11) that the absence of such language in this case requires dismissal of
the complaint lacks merit. The alleged violation dealing with interfer-
ence with the substantive right to file class action lawsuits or arbitra-
tions is separate from any violation involving interference with filing
charges with the Board.
4 I reject Respondent’s contention (Br. 14) that the Board’s D. R.
Horton decision is “null and void” because the Board did not have a
valid quorum at the time it issued its decision. The Fifth Circuit reject-
ed a similar argument made in the D. R. Horton case itself, albeit for
technical reasons. 737 F.3d at 350–352. More importantly, the Board
has rejected the contention when it was raised in other contexts. See
Belgrove Post Acute Care, 359 NLRB No. 77, slip op. 1, fn. 1 (2013).
And, as indicated above, I am bound to follow Board law, unless or
until it is reversed by the Supreme Court or the Board itself.
8 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
provided the rationale of the Board’s D. R. Horton decision.
Nor did American Express involve, as here, an employer who
compels its employees to waive their Section 7 substantive
rights. Likewise distinguishable for the same reasons is the
Supreme Court’s decision in CompuCredit v. Greenwood, 132
S.Ct. 665 (2012), also cited by Respondent in support of its
position.5
Alternatively, the Respondent contends (Br. 11–12) that the
agreement in this case does not fall within the purview of the D.
R. Horton decision. In particular, Respondent contends that the
instant case is distinguishable from D. R. Horton because here,
unlike in D. R. Horton, the employees have filed a class action
lawsuit and a district court has jurisdiction over a motion to
dismiss. It also contends that this case is different than D. R.
Horton, where the employer apparently refused to proceed with
an arbitration proceeding, because here Respondent did not
interfere with the class action lawsuit and simply asserted what
it viewed as legitimate defenses to the lawsuit. These alleged
differences do not require a different result in this case. The
gravamen of the violation both here and in D. R. Horton is the
interference with the Section 7 right of employees to pursue a
class action lawsuit or arbitration.
Indeed, the General Counsel contends (Br. 15), that this case
has an even stronger basis for a violation than in D. R. Horton
because the employees of the Respondent, unlike those in D. R.
Horton, are involved in interstate transportation. See numbered
paragraphs 5 and 6 in the stipulation of the parties, set forth
above. Thus, according to the General Counsel, the FAA ex-
cludes from its coverage employees such as those involved in
this case. In D. R. Horton, the Board noted that the FAA does
not apply to contracts of employment of transportation workers.
357 NLRB at slip op. 9, fn. 20, citing Circuit City Stores, Inc.
v. Adams, 532 U.S. 105 (2001). Although Respondent’s em-
ployees are indeed interstate transportation workers, it is not
clear that they are exempt from coverage under the FAA.6
I do not reach the transportation workers issue because it is
not necessary to do so to find a violation here, so long as the
Board’s D. R. Horton decision is viable in its application to all
workers. Moreover, the Respondent did not brief the issue,
choosing a broader attack on the Board’s D. R. Horton deci-
sion. However, on review, the Board may decide to address
this issue, after full briefing. And, of course, it would be re-

5 Both CompuCredit and American Express were decided after the
Board’s decision in D. R. Horton, but neither mentioned D. R. Horton.
6 The Supreme Court’s Circuit City decision mentions, as a rationale
for the exemption, Congressional concern with the transportation of
“goods.” 532 U.S. at 121. That language seems to undercut the General
Counsel’s position because it is clear that Respondent’s employees
primarily transport passengers. On the other hand, it could be argued
that, incidental to the transportation of passengers, they also transport
passengers’ luggage and perhaps, independently, packages. The dis-
tinction between the transportation of passengers and the transportation
of goods has taken on particular significance in post Circuit City cases.
See Kowalewski v. Samandarov, 590 F. Supp. 2d 477, 484 (S.D.N.Y.
2008); and JetBlue Airways Corp. v. Stephenson, 931 N.Y.S.2d 284,
286–287 (2011) (finding that eligibility for exemption hinged on the
primary purpose of the industry, and, although JetBlue carried both
passengers and cargo, the JetBlue pilots “primarily” moved passengers,
and, therefore, were not exempt from the FAA)..
quired to address the issue, should the Board’s rationale in D.
R. Horton that Section 7 trumps the FAA be rejected.
The Respondent further contends (Br. 14–16) that continued
prosecution of this case violates Respondent’s First Amend-
ment rights and the administrative proceedings should be
stayed pending the final outcome of the parties’ litigation in the
United States District Court for the District of New Jersey.
That contention also lacks merit. In Bill Johnson’s v. NLRB,
461 U.S. 731, 747 fn. 5 (1983), the Supreme Court clearly stat-
ed that the Board could enjoin a lawsuit that seeks relief that is
unlawful under the National Labor Relations Act. And it cited
numerous authorities where that had been done and approved
by the courts. Thus, the Board need not await a determination
by state or federal courts before it finds an unfair labor practice
for filing lawsuits contrary to Board law. Nor has footnote 5 of
the Bill Johnson’s decision been affected by the Supreme
Court’s subsequent decision in BE & K Construction Co. v.
NLRB, 536 U.S. 516 (2002). See J.A. Croson Co., 359 NLRB
No. 2, slip op. 7–8 (2012).
Finally, I reject Respondent’s contention (Br. 16–19) that
Section 10(b) of the Act precludes any consideration of the
charge and the complaint in this case. Respondent alleges that
the alleged unfair labor practice occurred only at the point in
time when employees signed the arbitration agreement, which
would have been more than 6 months before the charge was
filed in contravention of Section 10(b). But, contrary to Re-
spondent, the unfair labor practice alleged in this case was not
“inescapably grounded” on the signing of the agreements.
Compare Local Lodge 1424 v. NLRB (Bryan Manufacturing),
362 U.S. 411 (1960). The complaint clearly states that the
violation is based on “requiring employees to adhere to the
AAP” and alleges specifically that Respondent “has maintained
and enforced the AAP.” (GC Exh. 2, par. 3(e).) Moreover, the
parties have stipulated that “[a]t all material times” Respondent
required that its employees adhere to the AAP as a condition of
employment. There is thus no doubt that the AAP was main-
tained and enforced from the date the AAP was imposed as a
requirement and throughout the employment of those who were
bound by it. Indeed, the ultimate act of enforcement of the
AAP was Respondent’s filing in district court of its motion to
dismiss the lawsuit and compel individual arbitrations. And
that action was 8 days before the filing of the charge in this
case. Paragraph 1, Exhibit 1, of the stipulation. Accordingly,
there is no 10(b) impediment to the complaint. 7
CONCLUSIONS OF LAW
1. By maintaining and enforcing its AAP and by filing a mo-
tion to dismiss a class action lawsuit filed by employees and to
compel arbitration under the AAP, Respondent violated Section
8(a)(1) of the Act.
2. The above violations are unfair labor practices within the
meaning of the Act.

7 Even apart from Respondent’s action in the district court, it is
clear that the mere existence of the unlawful AAP constitutes a continu-
ing violation at all points during its existence. See Carney Hospital,
350 NLRB 627, 640 (2007), and cases there cited.
FLYTE TYME WORLDWIDE 9
REMEDY
Having found that Respondent committed the unfair labor
practices set forth above, I shall order it to cease and desist
from such conduct and to take certain affirmative action de-
signed to effectuate the policies of the Act. That includes the
grant of litigation expenses, an order that it withdraw its motion
to dismiss and compel individual arbitration, and a broad post-
ing requirement at all of Respondent’s locations. Contrary to
Respondent’s position (Br. 12–13), those remedies are tradi-
tional in cases such as this, where the Board finds that a lawsuit
has been filed or pursued in violation of the Act. See Allied
Trades Council (Duane Reade, Inc.), 342 NLRB 1010, 1014
(2004); Federal Security, Inc., 359 NLRB No. 1, slip op. 14,
including fn. 123 (2012). See also J.A. Croson, cited above, at
359 NLRB No. 2, slip op. 10, citing authorities for the notion
that the grant of litigation expenses for maintaining an unlawful
lawsuit is a traditional Board remedy, although, in that case, the
Board, citing special circumstances not present here, declined
to order that particular remedy. Likewise traditional is an order
requiring a notice posting at all locations where an unlawful
rule or policy was in effect. See Target Co., 359 NLRB No.
103, slip op. 3 (2013).
On these findings of fact and conclusions of law, and on the
entire record herein, I issue the following recommended8
ORDER
The Respondent, Flyte Tyme Worldwide, its officers, agents,
successors and assigns, shall
1. Cease and desist from
(a) Maintaining or enforcing a binding arbitration agreement
(the AAP) that waives the right to maintain class or collective
action in all forums, arbitral and judicial.
(b) Enforcing such agreements by filing motions in court to
dismiss collective action lawsuits or arbitrations and to compel
individual arbitration, pursuant to the terms of the AAP.
(c) Requiring employees to sign binding arbitration agree-
ments that prohibit collective and class litigation in all forums,
arbitral and judicial.
(d) In any like or related manner, interfering with, restrain-
ing, or coercing employees in the exercise of rights guaranteed
by Section 7 of the Act.
2. Take the following affirmative action necessary to effec-
tuate the policies of the Act.
(a) Within 7 days after the Board Order, file a motion with
the United States District Court for the District of New Jersey
in Case No. 13-cv-04297-ES-JAD, asking to withdraw the Mo-
tion to Dismiss Plaintiff’s Complaint and Enforce the Parties’
Agreement to Compel Individual Arbitration of the claims of
Christopher Burns, Arturo Torres, William Coffield, Mark
Terry, Miguel Casanova, Ronald Lee, Reginald Hayes, David
Gardner or otherwise raise the Agreement as a defense to their
claims in that action.

8 If no exceptions are filed, as provided by Sec. 102.46 of the
Board’s Rules and Regulations, the findings, conclusions, and recom-
mended order shall, as provided in Sec. 102.48 of the Rules, be adopted
by the Board and all objections to them shall be waived for all purpos-
es.
(b) Reimburse Christopher Burns, Arturo Torres, William
Coffield, Mark Terry, Miguel Casanova, Ronald Lee, Reginald
Hayes, David Gardner for any legal and other expenses in-
curred related to their opposing the motion to dismiss and to
compel individual arbitration or any other legal action taken to
enforce the AAP, plus interest in accordance with Board law.
(c) Rescind or revise the nationwide handbook provisions
regarding the AAP to make it clear to employees that the
agreement does not constitute a waiver in all forums of their
right to maintain employment-related class or collective ac-
tions.
(d) Notify employees of the rescinded or revised agreement
by providing them a copy of the revised AAP or specific notifi-
cation that the agreement has been rescinded.
(e) Within 14 days after service by the Region, post at all of
its facilities where the AAP has been in effect copies of the
attached notice marked “Appendix.”9 Copies of the notice, on
forms provided by the Regional Director for Region 4, after
being signed by the Respondent’s authorized representative,
shall be posted by the Respondent and maintained for 60 con-
secutive days in conspicuous places including all places where
notices to employees are customarily posted. In addition to
physical posting of paper notices, notices shall be distributed
electronically, such as by email, posting on an intranet or an
internet site, and/or other electronic means, if the Respondent
customarily communicates with its employees by such means.
Reasonable steps shall be taken by the Respondent to ensure
that the notices are not altered, defaced, or covered by any other
material. If the Respondent has gone out of business or closed
the facility involved in these proceedings, the Respondent shall
duplicate and mail, at its own expense, a copy of the notice to
all current employees and former employees employed by the
Respondent at any time since October 23, 2013.
(f) Within 21 days after service by the Region, file with the
Regional Director for Region 4 a sworn certification of a re-
sponsible official on a form provided by the Region attesting to
the steps that the Respondent has taken to comply.
Dated, Washington, D.C. June 3, 2014.
APPENDIX
NOTICE TO EMPLOYEES
POSTED BY ORDER OF THE
NATIONAL LABOR RELATIONS BOARD
An Agency of the United States Government
The National Labor Relations Board has found that we violated
Federal labor law and has ordered us to post and obey this no-
tice.
FEDERAL LAW GIVES YOU THE RIGHT TO
Form, join, or assist a union
Choose representatives to bargain with us on your be-
half

9 If this Order is enforced by a judgment of a United States court of
appeals, the words in the notice reading “Posted by Order of the Na-
tional Labor Relations Board” shall read “Posted Pursuant to a Judg-
ment of the United States Court of Appeals Enforcing an Order of the
National Labor Relations Board.”
10 DECISIONS OF THE NATIONAL LABOR RELATIONS BOARD
Act together with other employees for your benefit and
protection
Choose not to engage in any of these protected activi-
ties.
WE WILL NOT maintain or enforce a binding arbitration
agreement (the Arbitration Agreement Policy or AAP) that
waives the right to maintain class or collective action in all
forums, arbitral and judicial.
WE WILL NOT enforce agreements by filing motions in court
to dismiss collective action lawsuits or arbitrations and to com-
pel individual arbitration, pursuant to the terms of the AAP.
WE WILL NOT require our employees to sign binding arbitra-
tion agreements that prohibit collective and class litigation in
all forums, arbitral and judicial.
WE WILL NOT, in any like or related manner, interfere with,
restrain, or coerce employees in the exercise of rights guaran-
teed by Section 7 of the Act.
WE WILL within 7 days after the Board Order, file a motion
with the United States District Court for the District of New
Jersey in Case No. 13-cv-04297-ES-JAD, asking to withdraw
our Motion to Dismiss Plaintiff’s Complaint and Enforce the
Parties’ Agreement to Compel Individual Arbitration of the
claims of Christopher Burns, Arturo Torres, William Coffield,
Mark Terry, Miguel Casanova, Ronald Lee, Reginald Hayes,
David Gardner or otherwise raise the Agreement as a defense to
their claims in that action.
WE WILL reimburse Christopher Burns, Arturo Torres, Wil-
liam Coffield, Mark Terry, Miguel Casanova, Ronald Lee,
Reginald Hayes, David Gardner for any legal and other expens-
es incurred related to their opposing our Motion to Dismiss and
to Compel Individual Arbitration or any other legal action taken
by us to enforce the AAP, plus interest.
WE WILL rescind or revise our nationwide handbook provi-
sions regarding our AAP to make it clear to our employees that
the agreement does not constitute a waiver in all forums of their
right to maintain employment-related class or collective ac-
tions.
WE WILL notify our employees of the rescinded or revised
agreement by providing them a copy of the revised AAP or
specific notification that the agreement has been rescinded.
FLYTE TYME WORKDWIDE
The Administrative Law Judge’s decision can be found at
www.nlrb.gov/case/04-CA-115437 or by using the QR code
below. Alternatively, you can obtain a copy of the decision
from the Executive Secretary, National Labor Relations Board,
1015 Half Street, S.E., Washington, D.C. 20570, or by calling
(202) 273-1940.