ETS OILFIELD SERVICES, L.P.

National Labor Relations Board - Administrative Judge Opinions

Dec 23, 2016

16-CA-172847 (N.L.R.B. Dec. 23, 2016)

JD–121–16
Robstown, TX
UNITED STATES OF AMERICA
BEFORE THE NATIONAL LABOR RELATIONS BOARD
DIVISION OF JUDGES
ETS OILFIELD SERVICES, L.P.
and Case 16–CA–172847
LLOYD W. OSTER, an Individual
Roberto Perez, Esq.,
for the General Counsel.
Mike S. Moore and Mitchell Clark, Esqs.,
for the Respondent.
BENCH DECISION AND CERTIFICATION
SHARON LEVINSON STECKLER, Administrative Law Judge. I heard this case on December 5,
2016, in Corpus Christi, Texas. On the same day, after the parties rested, I heard oral argument
and issued a bench decision, pursuant to Section 102.35(a)(10) of the Board’s Rules and
Regulations, setting forth findings of fact and conclusions of law. In the complaint, the General
Counsel alleged that ETS Oilfield Services (Respondent) violated Section 8(a)(1) of the
National Labor Relations Act (the Act) by maintaining an overly broad arbitration agreement.
For the reasons stated by me on the record, I found that Respondent violated Section 8(a)(1)
of the Act as alleged. In my bench decision, I included Conclusions of Law and my Order. I
also attach an appropriate posting to the oral decision.
In accordance with Section 102.45 of the Board’s Rules and Regulations, I certify the
accuracy of, and attach hereto as “Appendix,” the portion of the transcript containing this
decision.1
Dated, Washington, D.C. December 23, 2016.

_____________________________
Sharon Levinson Steckler
Administrative Law Judge

1 The bench decision appears in uncorrected form at pp. 36 through 48 of the transcript. The final
version, after correction of oral and transcriptional errors, is attached as “Appendix” to this certification.
i4hvifpt
JD–121–16
2
APPENDIX
STATEMENT OF THE CASE
Sharon Levinson Steckler, Administrative Law Judge. This case was tried in Corpus 5
Christi, Texas today, December 5, 2016. Charging Party Lloyd W. Oster, an Individual, (Oster)
filed the charge on March 29, 2016 and the General Counsel issued the complaint on August 23,
2016. The issue presented is narrow and requires no credibility determinations: Whether
Respondent’s arbitration agreement, on its face, violates Section 8(a)(1) of the Act.
10
The parties presented their cases this morning and followed with their oral arguments. I
have carefully considered these arguments. Therefore, upon the entire record, I make the
following
FINDINGS OF FACT
15
I. Jurisdiction
At all material times, Respondent has been a limited partnership doing business as ETS
Oilfield Services, L.P. ETS Services Management, LLC has been the general partner and Devin
W. Nevilles has been the limited partner. Respondent has maintained a principal office and 20
place of business in Robstown, Texas and shop in Seguin, Poteet, Laredo, Marshall and Odessa
Texas well as Watford, North Dakota and Rock Springs, Wyoming. Its services include testing
fluids and motors for oil companies. In conducting its operations for the 12-month period ending
April 1, 2016, Respondent performed services valued in excess of $50,000 in States other than
the State of Texas. Respondent admits, and I find, that it is an employer engaged in commerce 25
within the meaning of Section 2(2), (6) and (7) of the Act.
II. Arbitration Agreement
I am attaching a copy of Respondent’s Mutual Agreement to Arbitration at Appendix A to 30
this decision. The arbitration agreement was entered into evidence as GC Exh. 3. Respondent
and General Counsel stipulated that all employees are required to sign the Mutual Agreement to
Arbitrate and it has been in effect since August 2014. GC Exhibit 4. In the meantime, on
November 21, 2016, Charging Party, who is no longer employed by Respondent, filed a Motion
for Conditional Collective Action Certification for misclassification of employees pursuant to the 35
Fair Labor Standards Act; he claims employees were required to work hours without overtime
pay due to the misclassification. See Respondent’s Exh. 1.
The Agreement contains the following language that is in question:
40
As such, I agree that I am waiving my right to file, participate or proceed in
class or collective actions (including a Fair Labor Standards Act (“FLSA”)
collective action) in any civil court or arbitration proceeding, including but not
limited to receiving or requesting notice from a pending collective action.
Therefore, I agree that I cannot file or opt-in to a collective action under this45
Agreement unless agreed upon by me and the Company in writing.
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In short, employees may not join together in any forum to pursue certain actions
involving wages, hours and terms and conditions of employment, including but not limited to,
statutory claims such as wage claims under the FLSA. The agreement also permits employees to
file charges under the National Labor Relations Act.
5
Respondent ETS’s affirmative defense is that the arbitration agreement is consonant with
current Fifth Circuit precedence. The Fifth Circuit has held that a class action waiver in
arbitration agreements does not violate Section 8(a)(1) of the Act. Murphy Oil USA v. NLRB,
808 F.3d 1013 (5th Cir. 2015); D.R. Horton, Inc. v. NLRB, 737 F.3d 344 (5th Cir. 2013), denying
enforcement in rel. part 357 NLRB 2277 (2012). With all due respect to the Fifth Circuit, I am 10
required to apply the Board’s current case law regarding class action waivers in arbitration
agreements until if and when the Board or the Supreme Court holds otherwise. Waco Inc., 273
NLRB 746, 749 fn. 14 (1984); Iowa Beef Packers, 144 NLRB 615,616-617 (1973). No Supreme
Court decision has directly addressed this issue. Chesapeake Energy Corp., 362 NLRB No. 80
(2015), enf. denied in rel. part 633 Fed.Appx. 613 (5th Cir. 2016). So let’s talk about what 15
current Board law states.
Section 7 of the Act states that employees have the right to engage in certain rights, or
refrain from them. Those rights include the right:
20
. . . to self-organization, to form, join or assist labor organizations, to
bargain collectively through representatives of their own choosing, and to engage
in other concerted activities for the purpose of collective bargaining or other
mutual aid and protection.
25
“In determining whether a work rule violates Section 8(a)(1), the appropriate inquiry is
whether the rule would reasonably tend to chill employees in the exercise of their Section 7
rights.” Hyundai America Shipping Agency, 357 NLRB 860 (2011). “Where the rules are likely
to have a chilling effect on Section 7 rights, the Board may conclude that their maintenance is an
unfair labor practice, even absent evidence of enforcement.” Lafayette Park Hotel, 326 NLRB 30
824, 825 (1998) (footnote omitted), enfd. 203 F.3d 52 (D.C. Cir. 1999). “In determining whether
a challenged rule is unlawful, the Board must, however, give the rule a reasonable reading. It
must refrain from reading particular phrases in isolation.” Lutheran Heritage Village-Livonia,
343 NLRB 646 (2004).
35
If the rule explicitly restricts Section 7 rights, it is unlawful. Id. at 646. If it does not,
“the violation is dependent upon a showing of one of the following: (1) employees would
reasonably construe the language to prohibit Section 7 activity; (2) the rule was promulgated in
response to union activity; or (3) the rule has been applied to restrict the exercise of Section 7
rights.” Id. at 647. Ambiguous rules are construed against the drafter of the rule. Flex Frac 40
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Logistics, LLC, 358 NLRB 1131, 1132( 2012), remanded on other grounds, 360 NLRB No. 120
(2014), enfd. 746 F.3d 205 (5th Cir. 2014).2
The Board does not wait until chill is apparent but instead acts to dispel the rule before
chill occurs. Hooters of Ontario Mills, 363 NLRB No. 2, slip op. at 21 (2015), citing Flex Frac, 5
supra. An ambiguous rule can chill employees’ Section 7 protected activities by creating “a
cautious approach” to the activities because of fears of employer retaliation. Whole Foods
Market, Inc., 363 NLRB No. 87, slip op. at 3 fn. 11 (2015). Therefore, all rules are examined to
determine whether an employee would reasonably construe the language to prohibit Section 7
activities. Lily Transportation Corp., 362 NLRB No. 54 (2015). The test for Section 8(a)(1) 10
violations is not subjective, but objective: “[W]hether [it] would reasonably have a tendency to
interfere with, restrain or coerce employees in the exercise of their Section 7 rights . . . .” See
generally Multi-Ad Services, Inc., 331 NLRB 1226, 1227-1228 (2000), enfd. 255 F.3d 363 (7th
Cir. 2001). Also see Whole Foods Market, 363 NLRB No. 87, slip op. at 2, citing Triple Play
Sports Bar, 361 NLRB No. 31, slip op. at 7 (2014), enfd. 629 Fed. Appx. 33 (2d Cir. 2015).15
The Board recently affirmed Administrative Law Judge Tracy’s decision in California
Commerce Club, Inc., 364 NLRB No. 31 (2016). Her words are instructive about arbitration
agreements and collective action pursuant to the Act:
20
The Board’s majority reaffirmed in Murphy Oil, “the NLRA does not create a
right to class certification or the equivalent, but as the D. R. Horton Board
explained, it 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 (citing D. R. Horton, supra, slip op. at 10 fn. 24). Here, 25
Respondent's Agreement, as a condition of employment, precludes employees
from pursuing claims concertedly and thus “amounts to a prospective waiver of a
right guaranteed by the NLRA.” Murphy Oil, supra, slip op. at 9 (citing National
Licorice Co. v. NLRB, 309 U.S. 350, 361 (1940), and J.I. Case Co. v. NLRB, 321
U.S. 332, 337 (1944)). 30
In addition, she elaborated that the Board set forth reasons within its decision in Murphy
Oil when the Act and Federal Arbitration Act work together, but we are reminded by that
decision that the FAA allows arbitration as a matter of consent, but not coercion. Requiring
employees to waive their rights to act collectively acts as a prospective waiver of a right 35
guaranteed by Section 7 of the Act and the Board consistently finds unlawful agreements that
require employees to prospectively waive their Section 7 rights. The requirement that
Respondent agree to a possible joinder means any efforts to do remain squarely within
Respondent’s control; it therefore would preclude employees from pursuing such claims, which
also makes the agreement unlawful. 24 Hour Fitness, 363 NLRB No. 84, slip op. at 2 (2015).40

2 The first Flex Frac decision was issued by a Board panel whose members included two persons
whose appointments to the Board were eventually considered invalid. NLRB v. Noel Canning, __ U.S.
__, 134 S. Ct. 2550 (2014). Before Noel Canning issued, the United States Court of Appeals for the Fifth
Circuit enforced the Board’s Order. No question exists about the validity of the court’s judgment. See
Lily Transportation Corp., 362 NLRB No. 54, slip op. at 1 fn. 2 (2015).
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At least three cases are now pending review for certiorari with the Supreme Court. Only
one of these cases is a Board case, Lewis v. Epic System Corp., 823 F.3d 1147 (7th Cir. 2016),
petition for cert. No. 16-285 September 2, 2016; Morris v. Ernst & Young, 834 F.3d 975 (9th Cir.
2016), petition for cert. No. 16-300 September 8, 2016. 24 Hour Fitness USA Inc. v. NLRB,
2016 WL 3668038 (5th Cir. 2016), revg. 363 NLRB No. 84 (2015), petition for cert. No. 16-701 5
filed November 23, 2016 .
Lewis v. Epic System Corp. also provides guidance for finding that requirement an
arbitration agreement requiring waiver of class and collective claims was unenforceable.
General Counsel correctly cites the arguments about use of agencies instead of employees 10
having a separate judicial forum from Solarcity Corp., 363 NLRB No. 83 (2015). With the Board
so holding, I am again bound by the Board’s reasoning.
Respondent contends that it has been prejudiced by Charging Party’s failure to attend the
hearing. As previously noted, the standard for reviewing an agreement, on its face, is objective 15
instead of subjective. Respondent also suggests that, Charging Party may be waiving its rights
under the NLRA because it filed a Motion of Conditional Class Action Certification. However,
examination of the Motion reveals that Charging Party in no way has reversed its position that
the agreement in unlawful as it raises the same issue in the Motion. See R. Exh. 2 at 18-26.
20
Lastly, Respondent contends that proceedings regarding the unlawful arbitration
provisions are designed to incur costs to employers and undermines the policy of the Act. The
policy of the Act is to promote industrial peace, as stated in Section 1 of the Act. True, the
Agency does wish to expedite as much as possible. However, the Board also incurs costs to
enforce the Act. I am unaware of any policy or procedure of the Board to inflict costs on 25
respondents, whether employer or union.
This preclusion infringes on employees' Section 7 rights, and thus violates Section 8(a)
(1) of the Act.
30
CONCLUSIONS OF LAW
1. Respondent ETS Oilfield Services, L.P. is an employer engaged in commerce within the
meaning of Section 2(2), 2(6) and (7) of the Act.
35
2. Respondent violated Section 8(a)(1) of the Act by maintaining its Mutual Agreement to
Arbitrate which requires employees to resolve employment-related disputes exclusively through
individual arbitration proceedings and relinquish their rights to resolve such disputes through
class or collective action.
40
3. The aforesaid unfair labor practice affects commerce within the meaning of Section 2(6)
and (7) of the Act.
4. The Act has not been violated in any other way.
45
JD–121–16
6
REMEDY
When an arbitration agreement violates Section 8(a)(1), the agreement must be rescinded.
All employees who have been required to sign such an agreement must be notified that the
agreement is no longer in effect and, if Respondent revises or replaces the agreement, given 5
lawful copies of the new agreement.
I shall also order a posting at all locations where the agreement has been in effect.
JD–121–16
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ORDER
The National Labor Relations Board orders that the Respondent, ETS Oilfield Services,
its officers, agents, successors, and assigns, shall
5
1. Cease and desist from
(a) Maintaining a Mutual Agreement to Arbitrate that requires employees, as a condition
of employment, to waive the right to maintain employment-related class or collective actions in
all forums, whether arbitral or judicial.10
(b) In any like or related manner interfering with, restraining, or coercing employees in
the exercise of the rights guaranteed them by Section 7 of the Act.
2. Take the following affirmative actions necessary to effectuate the policies of the Act.15
(a) Rescind the Mutual Agreement in all of its forms, or revise it in all of its forms to
make clear to employees that the Mutual Agreement to Arbitrate does not constitute a waiver of
their right to maintain employment-related joint, class, or collective actions in all forums.
20
(b) Notify all current and former employees employed since October 29, 2015, who were
required to sign or otherwise become bound to the unlawful Mutual Agreement to Arbitrate in
any form that it has been rescinded or revised and, if revised, provide them a copy of the revised
agreement.
25
(c) Within 14 days after service by the Region, post at its facilities where the Mutual
Agreement to Arbitrate has been in effect, copies of the attached notice marked “Appendix. B.”
Copies of the notice, on forms provided by the Regional Director for Region 16, after being
signed by the Respondent's authorized representative, shall be posted by the Respondent and
maintained for 60 consecutive days in conspicuous places, including all places where notices to 30
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 35
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 August 29, 2015.
(d) Within 21 days after service by the Region, file with the Regional Director for Region 40
16 a sworn certification of a responsible official on a form provided by the Region attesting to
the steps that the Respondent has taken to comply.
When the transcript of this proceeding has been prepared, I will issue a certification
which attaches as an appendix the portion of the transcript reporting this bench decision. When 45
the certification is served upon the parties, the time period for filing exceptions will begin to
run. I direct your attention to the Board’s Rules and Regulations regarding the time period for
JD–121–16
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filing exceptions. I want to thank counsel for the General Counsel and counsel for Respondent
for your professionalism in presenting this case. With that, the trial is now closed and we are off
the record.
JD–121–16
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Appendix A
MUTUAL AGREEMENT TO ARBITRATE
This Mutual Agreement to Arbitrate ("Agreement") is for the purpose of resolving claims by
arbitration and is mutually binding upon both me and my employer ETS Oilfield
Services, LP (hereinafter referred to as "Company") and any other entity owned,
controlled, or managed by the Company. The following contains the terms and conditions of
the binding Agreement which I agree to entirely.
Introduction:
I agree to arbitrate and resolve any and all employment-related disputes between the
Company and affiliate entities and myself. I understand that the consideration for this
Agreement is my employment, or continued employment, with the Company and the
different benefits that go along with employment with the Company, including the
promises and commitment [sic] made in this Agreement. I understand that the purpose of
this Agreement is to provide both the Company and myself a way in which claims or
disputes may be resolved by binding arbitration rather than litigation in recognition of the
fact that resolution of any differences in the courts is rarely time or cost effective for
either party, the Company and I have entered into this Agreement to establish and gain the
benefits of a speedy, impartial, and cost-effective dispute resolution procedure. I
understand that arbitration is for the purpose of resolving disputes between me and the
Company. As such, I agree that I am waiving my right to file, participate or proceed in
class or collective actions (including a Fair Labor Standards Act ("FLSA") collective
action) in any civil court or arbitration proceeding, including but not limited to receiving or
requesting notice from a pending collective action. Therefore, I agree that I cannot file or
opt-in to a collective action under this Agreement unless agreed upon by me and the
Company in writing. In no way does this Agreement serve to preclude me from bringing an
unfair labor practices claim against the Company pursuant to the National Labor
Relations Act.
Disputes Covered:
Any matter covered under this Agreement or concerning the legality or interpretation of this
Agreement shall be heard and decided under the provisions and authority of the Federal
Arbitration Act, 9 U.S.C. § 1 as applicable. For purposes of this Agreement, an employment-
related dispute includes, but is not limited to, all disputes, including statutory and common law
claims, whether under state federal or local law, including, but not limited to, theories arising
from breach of implied or express contract, implied covenant of good faith and fair dealing,
constructive discharge, wrongful discharge, negligence, gross negligence, false imprisonment,
fraudulent concealment, worker's compensation retaliation, intentional infliction of emotional
distress, misrepresentation, personal injury, claims arising from work-related activities, unsafe
workplace, unlawful discrimination, retaliation or harassment, sexual harassment violations of
Title VII of the Civil Rights Act of 1964, as amended, Age Discrimination in Employment Act
(ADEA), Americans With Disabilities Act (ADA), Family and Medical Leave Act (FMLA), Fair
Labor Standards Act, (FLSA), whistle blowing, wrongful termination in violation of public
policy, and defamation. [sic] I acknowledge that any employment dispute directly or indirectly
affecting my Company shall be subject to binding arbitration, including disputes against
JD–121–16
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supervisors and managers that involve my employment. Notwithstanding, either party may seek
temporary injunctive relief through a court of competent jurisdiction, pending final resolution of
the dispute in Arbitration.
In the event that I execute a separate written binding and enforceable contract with the Company
to govern any particular aspect of my employment relationship, including but not limited to
confidentiality or non-competition agreements, I agree that, to the extent of any conflict with this
Agreement, the express terms regarding the resolution of disputes contained in the separate
written binding and enforceable contract shall control. I also acknowledge that this Agreement
applies to all employment disputes, regardless of when it [sic] arises, including disputes that arise
or are asserted after I leave the Company. Furthermore, I understand that this Agreement applies
to any dispute that occurred before or after I sign this Agreement.
Under this Agreement, I understand that the arbitrator may grant any remedy or relief that the
arbitrator deems just and equitable, including any remedy or relief that would have been
available to me or the Company, had the matter been heard in court. This authority includes the
right to award compensatory and exemplary damages attorney's fees, costs, and other remedies to
the extent those remedies would be available under applicable law in court. Additionally, I
acknowledge that under this Agreement, while I may not file a lawsuit to resolve a dispute
against the Company, that I may file a complaint with a federal, state, or other governmental
administrative agency regarding legally protected rights. For Claims covered by this Agreement,
arbitration is the Parties' exclusive remedy.
Arbitration Procedure:
For purposes of this Agreement, arbitration shall be conducted before a neutral arbitrator agreed
upon by the Parties, independent from any organization; such arbitration shall be conducted
under the American Arbitration Association ("AAA") National Rules for the Resolution of
Employment Disputes, unless the Parties agree to use other rules or procedures. Should the
Parties be unable to agree upon a neutral arbitrator for whatever reason, then the Parties shall
agree upon a neutral organization (AAA, JAMS, or National Arbitration Forum) to ensure that
the Parties' commitment to binding and final arbitration of their employment disputes is fulfilled;
such an arbitration shall be conducted under the rules of that neutral organization, unless the
Parties agree to use other rules or procedures. The Party seeking to arbitrate a dispute must
submit written notice of the claim to the mutually selected arbitrator or to a neutral arbitration
organization (in the event the Parties have not agreed on a neutral arbitrator) within the time
period Prescribed by the statute or common law cause of action under which the claim is
brought. The Parties under this Agreement will have full rights to legal representation in the
arbitration process.
Discovery:
The parties shall be entitled to engage in discovery in the form of request for documents,
interrogatories, requests for admissions, physical and/or mental examinations and depositions;
however, each side shall be limited to three depositions and an aggregate of 30 discovery
requests of any kind, including sub parts, except as mutually agreed to by the parties. Physical
and/or mental examinations must be justified under the standards set forth by the Federal or
Texas Rules of Civil Procedure. A deposition of a corporate representative shall be limited to no
more than four designated subjects. At a mutually agreeable date, the parties will exchange lists
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of experts who will testify at arbitration. Each side may depose the other side's experts, and
obtain the documents they reviewed and relied upon, and these depositions will not be charged to
the parties' aggregate limit on discovery requests or the three deposition limit. Any disputes
concerning discovery shall be resolved by the arbitrator, with a presumption against increasing
the aggregate limit of requests; additional discovery requests shall be granted only upon a
showing of good cause.
Arbitration Fees & Costs:
Each party will pay for their attorney if a party wishes to be represented by an attorney. Pursuant
to this Agreement, the Company will pay costs associated with the arbitration except for any
filing fees(s) associated with the initiation of arbitration. The Parties will pay for their share of
the filing fee to initiate arbitration.
Miscellaneous:
This Arbitration Agreement includes all of the foregoing recitals, statements and
acknowledgements relating to the Parties' intention and agreement to arbitrate all employment
disputes. If any of the foregoing terms or clauses of this Agreement are determined to be in
violation of any law, rule or regulation or otherwise unenforceable, that determination shall not
affect any of the remaining terms or clauses of this Agreement. All other clauses shall remain in
full force and effect. In the event that any provision of this Agreement shall finally be
determined to be unlawful, there shall be substituted a provision of similar import reflecting the
original intent of the Parties to resolve their disputes through binding arbitration. This Agreement
shall survive the termination of my employment and can only be revoked or modified by a
writing signed by the Parties. This Agreement does not alter the at-will employment relationship
between the Company and me.
I UNDERSTAND THAT THIS AGREEMENT IS EFFECTIVE FROM THE DATE OF
MY EMPLOYMENT OR WHEN I SIGN IT (WHICHEVER IS EARLIER). I ALSO
UNDERSTAND THAT IT RESTRICTS MY RIGHT TO SUE MY EMPLOYER AND
APPLIES TO ANY EMPLOYMENT DISPUTE(S) INCLUDING THOSE THAT OCCURRED
BEFORE THE DATE I SIGN BELOW.
I HAVE READ THE AGREEMENT ABOVE CAREFULLY AND HAVE BEEN
GIVEN THE OPPORTUNITY TO CONSIDER THE TERMS AND EFFECT ON ME. BY MY
SIGNATURE BELOW, I KNOWINGLY AND VOLUNTARILY AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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Appendix B
NOTICE TO EMPLOYEES
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 benefit and protection
Choose not to engage in any of these protected activities.
WE WILL NOT maintain and/or enforce a mandatory arbitration program that requires our
employees, as a condition of employment, to waive the right to maintain class or collective
actions in all forums, whether arbitral or judicial.
WE WILL NOT in any like or related manner interfere with, restrain, or coerce you in the
exercise of the rights listed above.
WE WILL rescind the following rules in our employee handbook that unlawfully prohibit you
from:
WE WILL furnish you with inserts for the current employee handbook that (1) advise(s) that the
unlawful provisions have been rescinded, or (2) provide lawfully worded provisions on adhesive
backing that will cover the unlawful provisions; or WE WILL publish and distribute revised
employee handbooks that (1) do not contain the unlawful provisions, or (2) provide lawfully
worded provisions.
ETS OILFIELD SERVICES, L.P.
(Employer)
Dated _____________________ By _____________________________________________
The National Labor Relations Board is an independent Federal agency created in 1935 to enforce the National Labor
Relations Act. It conducts secret-ballot elections to determine whether employees want union representation and it
investigates and remedies unfair labor practices by employers and unions. To find out more about your rights under
the Act and how to file a charge or election petition, you may speak confidentially to any agent with the Board’s
Regional Office set forth below. You may also obtain information from the Board’s website: www.nlrb.gov.
819 Taylor Street, Room 8A24, Fort Worth, TX 76102-6178
(817) 978-2921, Hours: 8:15 a.m. to 4:45 p.m.
The Administrative Law Judge’s decision can be found at www.nlrb.gov/case/16-CA-172847 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.
JD–121–16
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THIS IS AN OFFICIAL NOTICE AND MUST NOT BE DEFACED BY ANYONE
THIS NOTICE MUST REMAIN POSTED FOR 60 CONSECUTIVE DAYS FROM THE DATE OF POSTING AND MUST NOT BE
ALTERED, DEFACED, OR COVERED BY ANY OTHER MATERIAL. ANY QUESTIONS CONCERNING THIS NOTICE OR
COMPLIANCE WITH ITS PROVISIONS MAY BE DIRECTED TO THE ABOVE REGIONAL OFFICE’S
COMPLIANCE OFFICER, (817) 978-2941.