Arbitration Pacts Don't Make Class Waivers Legal, Unions Say

Law360, New York (September 11, 2012, 8:27 PM EDT) -- Banning workers from concerted legal activity runs afoul of labor law even if a company tries to camouflage that prohibition by putting it into an arbitration pact, the AFL-CIO said Tuesday, urging the Fifth Circuit to uphold the National Labor Relations Board's controversial D.R. Horton Inc. decision.

If homebuilder D.R. Horton had implemented its prohibition on workers bringing collective and class litigation as a stand-alone policy, that would unquestionably violate the National Labor Relations Act, the AFL-CIO and Service Employees International Union said in an amicus...
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