Karl Bayer's Disputing Blog

The Future of Class Arbitration Part II

By Renee Kolar - April 1, 2014

In light of the above class arbitration jurisprudence, it is evident that the Supreme Court is quite hostile to class arbitration. This is especially true due to the fact that the majority in three out of the above four cases declared that class arbitration is inconsistent with bilateral arbitration.[i] Despite this hostility, class arbitration can survive in limited circumstances under the Court’s jurisprudence.

Fifth Circuit Upholds NLRB’s Decision Regarding Alleged Labor Negotiations Impasse

By Beth Graham - December 31, 2013

The Fifth Circuit has partially upheld a National Labor Relations Board (NLRB) order after finding an employer engaged in bad faith labor negotiations.

Fifth Circuit Holds Class Arbitration Waivers Do Not Violate the NLRA

By Beth Graham - December 4, 2013

The Fifth Circuit has ruled that employers may require workers to resolve employment disputes through individual arbitration.

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

Middle District of Pennsylvania Holds that D.R. Horton Does Not Conflict with Concepcion

By Victoria VanBuren - October 2, 2012

by Jeremy Clare The United States District Court for the Middle District of Pennsylvania denied a motion for reconsideration of the court’s order compelling arbitration because plaintiffs failed to establish a change in controlling law. Background In Brown v. Trueblue, Inc., No. 10-CV-0514 (M.D. PA April 16, 2012), Stephen Brown and Matthew Jury (“plaintiffs”), two employees of Trueblue, a temporary staffing agency, filed a complaint with the dis

NLRB Finds that Certain Arbitration Agreements Violate Federal Labor Law

By Victoria VanBuren - January 10, 2012

As the New York Times reports, the National Labor Relations Board (NLRB) ruled on January 3, 2012 that employers could not prevent workers from filing work-related class actions. This ruling will effectively make certain employment agreements that require workers to pursue all claims individually via arbitration null and void. The decision on D. R. Horton, Inc. and Michael Cuda, Case 12–CA–25764 is here and the NLRB press release is here. Stay tu

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