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Expert Analysis

Challenging Pro-Business Decisions With Horton

Law360, New York (January 11, 2012, 1:42 PM EST) -- In a decision dramatically signed on Jan. 3, 2012 — the final day that the National Labor Relations Board had a quorum, due to the expiration of the terms of both a Democratic and Republican member that day — and made public by the NLRB on Jan. 6, 2012, two days after three recess appointments by President Barack Obama restored the NLRB to full strength, the board ruled in D.R. Horton Inc. and Michael Cuda that it constitutes an unfair labor practice for an employer to require as a condition of employment that employees arbitrate claims, including statutory claims, as individuals rather than a class, unless a union has agreed....

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