loader
Page is loading...
Print Logo Logo
generic_insight_detail

D.R. Horton Reaches New Heights – U.S. Supreme Court Hears Oral Arguments


On Oct. 2, the U.S. Supreme Court heard oral arguments in a consolidated trio of cases all addressing whether class action waivers in individual arbitration agreements violate the National Labor Relations Act (NLRA). In D.R. Horton, the National Labor Relations Board (NLRB) held such class action waivers violated the NLRA. Appeals followed to various federal circuit courts, with the U.S. Court of Appeals for the Fifth, Eight and Second Circuits striking down the NLRB’s position. More recently the U.S. Court of Appeals for the Seventh, Sixth and Ninth Circuits sided with the NLRB, setting up the inevitable Supreme Court showdown. Today’s oral arguments did not reveal an expected outcome one way or another. The more liberal wing of the court seemed to favor with the NLRB’s position. Justice Neil Gorsuch stayed silent, as did Justice Clarence Thomas. Justices John Roberts and Samuel Alito probed the NLRB’s position, without revealing much except that they may lean toward the employers’ position (slightly). Justice Anthony Kennedy seemed concerned about the real peril and limits that would place on concerted activity by a ruling adverse to the NLRB, seemingly seeking to balance that argument against the general federal preference for arbitration agreements. As in many such oral arguments before the Supreme Court the outcome is not at all certain. What does appear certain is that whatever the ruling, the result will be close.


RELATED ARTICLES

Reversing the Call: NLRB Seeks to Rescind 2020 Rule, Protect Union Status

November 8, 2022 | Labor Relations, National Labor Relations Board

Do Smartwatches, GPS Devices, and Other Employee Tracking Technologies Violate Labor Law?

November 1, 2022 | Labor Relations, National Labor Relations Board

Labor Board Issues Updated Guidance on Injunction Actions

October 31, 2022 | Labor Relations, National Labor Relations Board

NLRB Rules Dues Checkoff Must Continue After Collective Bargaining Agreement Expires

October 7, 2022 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Mailing It In? Labor Board Signals Potential Return To Manual Elections

October 3, 2022 | Labor Relations, National Labor Relations Board, Unions and Union Membership

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
class action waivers
National Labor Relations Act
NLRB
Supreme Court showdown
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.