The National Labor Relations Board, on remand from the Ninth Circuit, ruled on a grocery chain's mandatory arbitration policy regarding employee rights under the NLRA. The case stemmed from a 2009 wage-and-hour lawsuit by security guard Terri Brown against Ralphs Grocery Company, which sought to compel arbitration under its policy. The Board majority (Chairman Murphy and Member Mayer) applied its precedent in California Commerce Club, finding that requiring employees to keep the content and outcome of an arbitration confidential was lawful, but requiring them to keep the existence of an arbitration confidential violated Section 8(a)(1) as an open-ended gag order. On Board access, the majority found the policy lawful, citing a clause stating employees retained the right to file charges with the NLRB and EEOC, and applying the standard from Stericycle and reasoning in Anderson Enterprises. On remedy, the Board rejected Ralphs' argument that the case was moot due to a revised policy, finding no evidence employees were notified of any rescission. Because the General Counsel did not dispute the offending language was removed, the Board declined to order formal rescission and required a notice informing employees of the violation. Member Prouty dissented in part.