The Board’s D.R. Horton decision, though controversial, should surprise no one who has watched this agency try time and time again to assert its relevancy. From “notice of rights” posters to “ambush election” rules, the Board has called attention to itself by flexing its administrative muscle, only
AT&T Mobility v. Concepcion
NLRB Takes Two-Steps Back In Changing Decades Old Policy For Board Deferral To Arbitration
By Christian J. Rowley
On January 3, 2012 decision in D.R. Horton, 357 NLRB 184, the NLRB held that employer-employee agreements mandating the arbitration of non-National Labor Relations Act (NLRA) claims, but prohibiting class actions, violate the NLRA (see our One Minute Memo: http://www.seyfarth.com/publications/omm010712).
While nothing is certain, it is highly likely that this…
NLRB Plurality Thumbs Its Nose At Private Arbitration Agreements for Non-Union And Union Employers
In a case of great significance to both union and non-union employers, the National Labor Relations Board late Friday afternoon dealt a crushing blow to arbitration agreements. During the past two dozen years, private employers have implemented arbitration agreements as a means to resolve employment disputes more efficiently than is possible in the judicial system.…