Enforcement Made Arbitration Pact Illegal, NLRB Judge Says

Law360, New York (March 6, 2014, 7:36 PM EST) -- Home loan company Network Capital Funding Corp.'s efforts to force a former worker to arbitrate would-be class claims on an individual basis rendered an arbitration agreement unlawful even though the pact had no explicit class waiver, a National Labor Relations Board judge said Wednesday.

Judge William Nelson Cates said that Network Capital's arbitration agreement, as enforced by the company, was unlawful because it blocked employees from exercising their statutorily protected right to engage in collective action with respect to the terms and conditions of their employment....
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