NLRB Asks 5th Circ. To Review DR Horton Class Waiver Ban

By Abigail Rubenstein (March 13, 2014, 7:49 PM EDT) -- The National Labor Relations Board sought a rehearing Thursday in its controversial case against homebuilder D.R. Horton in which an appeals court panel rejected the board's ruling that arbitration agreements barring employees from pursuing class or collective claims violate federal labor law.

The NLRB filed a petition for a rehearing or an en banc rehearing, saying that the Fifth Circuit panel majority had misconstrued U.S. Supreme Court precedent when it rebuffed the board's holding that mandatory arbitration agreements barring employees from pursuing class or collective claims violate workers' labor law-protected right to band together.

The petition contends that the panel majority...

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