Melissa Greenberg is a student at Harvard Law School.
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA.
On Friday, counsel for the petitioners in National Labor Relations Board v. Murphy Oil USA and Epic Systems Corporation v. Jacob Lewis filed their opening merits brief before the Supreme Court.
Petitioners argue that “[i]n cases involving the interaction of two federal statutes, the first objective is to harmonize the competing provisions, if at all possible,” and the Federal Arbitration Act and National Labor Relations Act “can indeed co-exist.” The petitioners contend that:
“The FAA unambiguously mandates enforcement of class waivers in arbitration agreements, and the NLRA contains no ‘clearly expressed congressional intention to the contrary.’ [citing Morton v. Mancari, 417 U.S. 535, 551 (1974)]. So the Court should do what it has done in prior cases involving the FAA and other federal statutes: construe the other statute in a way that harmonizes it with the FAA.”
This reading of the FAA and NLRA would result in the enforcement of class arbitration waiver provisions. Petitioners further argue that the National Labor Relations Board’s view that the NLRA contains a “clearly expressed congressional intention to the contrary” is “not entitled to deference under Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).”
Alternatively, the petitioners maintain that “[e]ven if the two statutes could not be reconciled, the class waivers should still be enforced.”
Again, the full brief is available here.
Daily News & Commentary
Start your day with our roundup of the latest labor developments. See all
September 17
Unions push to block Google from buying Spirit Airlines employment records; U.S. Department of Labor sues Oklahoma coffee chain over alleged wage violations.
September 16
Trump nominates Catherine Eschbach as EEOC general counsel; NLRB declines to resolve union work-assignment dispute; Allina Health physicians begin four-day strike.
September 15
Documents reveal the inner workings of Amazon's union avoidance program; Washington state public sector unions reach tentative deals amid a difficult bargaining cycle; hundreds of Nevada Culinary Union members protest their union's health care changes.
September 14
NCAA and Big Ten file motion to dismiss in former star player's NIL suit; Seventh Circuit rules against former postal worker in discrimination suit.
September 13
Documents released on the 25th anniversary of the 9/11 attacks show that city officials encouraged workers to return to Ground Zero despite knowing the risks of asbestos exposure, and new polls demonstrate continued widespread support for labor unions.
September 10
Amazon workers allege pregnancy discrimination; federal unions challenge USDA reorganization; NYC warns of silicosis risks.