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All articles tagged '"National Labor Relations Board"'
10 articles found
NLRB Files Responsive Brief in Murphy Oil Case
By Beth Graham - August 16, 2017
In October, the United States Supreme Court will hear oral argument in the consolidated cases of National Labor Relations Board v. Murphy Oil USA, No. 16-307 (5th Cir., October 26, 2015), Epic Systems Corp. v. Lewis, No. 16-285 (7th Cir., May 26, 2016), and Ernst & Young LLP v. Morris, No. 16-300 (9th Cir., August 22, 2016).
The Continuing Struggle Over Class Action Waivers in Arbitration
By Robert L. Arrington - December 22, 2016
In the case of D.R. Horton, Inc., 357 N.L.R.B. 184 (2012), the NLRB held that the adoption of a mandatory arbitration plan for employees containing a class and collective action waiver was unlawful because such provisions are an unfair labor practice under Section 7 of the National Labor Relations Act ("NLRA"), which protects the right of employees to act in concert.
NLRB Trend Citing Murphy Oil in Class Waiver Cases Continues
By Beth Graham - December 21, 2016
Late last month, a National Labor Relations Board (“NLRB”) administrative law judge issued an order in Private National Mortgage Acceptance Co., LLC and Richard Smigelski, No. 20-ca-170020 (November 29, 2016).
Fifth Circuit Hears Oral Argument in Employers’ Stand-Alone Class-Action Waiver Case
By Beth Graham - September 28, 2016
For years, the United States Court of Appeals for the Fifth Circuit has maintained that a class-action waiver included in an employer’s arbitration agreement is enforceable.
Three Petitions for Certiorari Filed Over Collective Action Bans in Employment Arbitration Agreements
By Beth Graham - September 15, 2016
On September 2nd, Epic Systems Corporation filed a petition for certiorari with the United States Supreme Court following a Seventh Circuit Court of Appeals ruling which stated a mandatory class action waiver included in an employer’s arbitration agreement violated the National Labor Relations Act (“NLRA”).
California Supreme Court Finally Recognizes Class and Collective Arbitration Waivers
By Beth Graham - July 4, 2014
An interesting case decided by the California Supreme Court overturned the court’s prior holding that class and collective arbitration waivers violate public policy and also recognized that the issue is preempted by the Federal Arbitration Act (FAA).
NLRB Defers to Arbitral Decision in Healthcare Employment Dispute
By Beth Graham - May 13, 2013
A National Labor Relations Board (NLRB) panel has declined to shift the burden to limit the effect of an arbitration award in a healthcare employment dispute. In Shands Jacksonville Med. Ctr. Inc., 359 NLRB No. 104 (Apr. 26, 2013), the NLRB’s Acting General Counsel requested that the board require an employer charged with unfair labor practices to demonstrate that an arbitral award meets the NLRB’s requirements for acceptance rather than require
Concerted Action Includes Concerted Dispute Resolution
By Beth Graham - April 10, 2013
Seton Hall Public Law Research Paper No. The Board’s articulation of labor law rights ordinarily is entitled to judicial deference. The Horton question will force the Court to confront the collision between what it says and what it does.
Article | ADR in Labor and Employment Law During the Past Quarter Century
By Beth Graham - November 3, 2010
An interesting article about alternative dispute resolution (ADR) in a labor and employment law context was recently published in the ABA Journal of Labor and Employment Law. In an article entitled “ADR in Labor and Employment Law During the Past Quarter Century,”25 ABA Journal of Labor & Employment Law 411 (Spring 2010), University of Michigan Professor Emeritus of Law Theodore J. St. Antoine discusses important decisions and developments si
National Labor Relations Board Issues Guidelines for Employers’ Arbitration Policies
By Victoria VanBuren - July 8, 2010
On June 16, 2010, the National Labor Relations Board (NLRB) issued a Guideline Memorandum addressing the legal framework to use in employer’s mandatory arbitration policies. The Guideline Memorandum includes the following principles: (1) The concerted filing of a class action lawsuit or arbitral claim seeking to enforce employment statutes is protected by Section 7 of the Act, and if an employer threatens, disciplines or discharges an emplo
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