Case Updates
NLRB considers class action waivers in non-union arbitration agreement
May 10, 2010
The General Counsel's office of the National Labor Relations Board agreed that a company's conflict resolution program, which contains a mandatory arbitration policy, does not violate an employee's Section 7 rights.
U.S. Chamber files additional amicus letter
June 19, 2009
Click here to view the Chamber's second amicus letter.
Outcome
June 30, 2008
The National Labor Relations Board dismissed a charge alleging that a mandatory arbitration procedure that prohibits the arbitrator from certifying claims as a class action violates Section 8 of the National Labor Relations Act. The Board concluded that as long as the agreement permits the filing of joint claims, the arbitration provision would not deny substantive Section 7 rights under the Act.
U.S. Chamber files amicus letter
January 23, 2008
NCLC filed an amicus letter urging the National Labor Relations Board to reject the argument that a company's conflict resolution program, which contains a mandatory arbitration policy, violates an employee's Section 7 rights because it could prohibit consolidation of claims and class actions. NCLC argued that while employees have the right to discuss their grievances, seek other counsel and pursue grievances in arbitration, they do not have a Section 7 right to have their claim proceed as a class action in arbitration. The procedures governing private arbitration are determined by the contract between the employer and the employee, and the limitation on class action is a limitation by the parties on the authority of the arbitrator only.