A Growing Consensus In Favor Of Labor Arbitration

Law360, New York (December 6, 2013, 1:24 PM EST) -- We have frequently chronicled the ongoing efforts of the plaintiffs' bar to circumvent the U.S. Supreme Court's decision in AT&T Mobility LLC v. Concepcion, which held that the Federal Arbitration Act requires the enforcement of parties' agreements to resolve their disputes through individual arbitration rather than class or collective proceedings.

One of the most prominent efforts to evade Concepcion has been the National Labor Relations Board's ruling in D.R. Horton (see opinion here), which declared that the right of employees to engage in "concerted activities" under Section 7 of the National Labor Relations Act trumps the FAA and requires that employees...

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