5th Circ. Says NLRB Can't Nix Payroll Co.'s Arbitration Pact

By Melissa Daniels (November 1, 2016, 9:24 PM EDT) -- The National Labor Relations Board lost its bid to force payroll and personnel services provider Employers Resource to rescind its mandatory arbitration agreement on Tuesday, when the Fifth Circuit denied an application for enforcement and accepted the company's petition for review.

The NLRB, in a split decision, had accepted an administrative law judge's ruling that Employer Resource's arbitration agreement was unlawful, and the company then appealed, saying the NLRB didn't rely on the facts of the case. The Fifth Circuit on Tuesday noted the NLRB's decision relied on its own since-rejected findings in the D.R. Horton and Murphy Oil cases, where...

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