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 12
Third Republican NLRB member sails through appointment hearings; UAW secures symbolic deal with General Motors supplier.
June 11
DC Circuit enforces an NLRB bargaining order; House passes a bill to speed up negotiating between employers and unions.
June 10
SoFi Stadium workers narrowly avoid World Cup strike; Amazon's NLRB challenge to remain in Fifth Circuit; House passes strict timeline bill for first union contracts.
June 9
SoFi Stadium workers authorize a strike ahead of the World Cup; the NLRB finds Starbucks violated labor law; Trump’s $100,000 H-1B visa fee is struck down.
June 8
BLS releases May jobs reports; US Trade Representative proposes new tariffs.
June 7
SAG-AFTRA members ratify a four-year CBA and the International Trade Union Confederation releases its 2026 Global Rights Index.