NLRB Class Waiver Ban Can't Survive AmEx Ruling: Judge

Law360, New York (November 12, 2013, 4:08 PM EST) -- A National Labor Relations Board judge ruled Friday that the board's stance on class waivers “cannot be sustained” in light of a recent U.S. Supreme Court ruling in favor of American Express, but nonetheless found that Chesapeake Energy Corp.'s arbitration policy unlawfully precluded workers from going to the board.

Administrative Law Judge Bruce D. Rosenstein recommended the dismissal of claims that Chesapeake's mandatory arbitration policy's class waiver violated the National Labor Relations Act, accepting the company's argument that the Supreme Court's opinion in American Express Co....
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