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.
Bloomberg BNA reports that in National Labor Relations Board v. Alternative Entertainment, Inc., the U.S. Court of Appeals for the Sixth Circuit joins the Seventh and Ninth Circuits in upholding the NLRB’s position and finding that the National Labor Relations Act (NLRA) prevents employers from requiring their employees to pursue workplace-related claims individually. In contrast, the Fifth and Eighth Circuits’ reading of the Federal Arbitration Act allows class arbitration waiver provisions to be held enforceable despite the NLRB’s claim that this kind of arbitration provision violates Section 7 of the NLRA.
This decision comes two weeks before opening briefs are due in the consolidated case of Murphy Oil, Epic Systems, and Ernst and Young before the Supreme Court. In the consolidated case, the Supreme Court will be asked to resolve the circuit split.
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June 9
Budget proposes elimination of LSC; Colgate settles lawsuit with pensioners; and state and local officials braces for hurricane season following FEMA cuts.
June 8
Workers at Albertsons and Kroger in Washington State vote to authorize a strike; ICE agents arrest SEIU California President David Huerta during a protest; and a federal judge approves a $2.75 billion settlement allowing colleges to directly pay student-athletes.
June 6
Colorado clashes with ICE over information sharing, SCOTUS exempts a Catholic charity from paying unemployment compensation tax, and SCOTUS lowers bar for raising a Title VII reverse discrimination claim
June 5
Nail technicians challenge California classification; oral arguments in challenge to LGBTQ hiring protections; judge blocks Job Corps shutdown.
June 4
Federal agencies violate federal court order pausing mass layoffs; Walmart terminates some jobs in Florida following Supreme Court rulings on the legal status of migrants; and LA firefighters receive a $9.5 million settlement for failure to pay firefighters during shift changes.
June 3
Federal judge blocks Trump's attack on TSA collective bargaining rights; NLRB argues that Grindr's Return-to-Office policy was union busting; International Trade Union Confederation report highlights global decline in workers' rights.