In a long-anticipated 2-1 decision, the U.S. Court of Appeals for the Fifth Circuit has held that a collective or class-action waiver in an employment contracts arbitration clause does not violate an employee's "right of access" under the National Labor Relations Act (NLRA). In D.R. Horton, Inc. v. NLRB, Case No. 12-60031, 2013 U.S. App. LEXIS 24073 (5th Cir. Dec. 3, 2013, revised Dec. 4, 2013) (available at 1.usa. gov/1bmmXD1), the Fifth Circuit disagreed in part with the National Labor Relations Board (NLRB or Board), which had previously ruled that D.R. Horton, Inc., a national home builder, violated the NLRA by requiring employees to sign an arbitration agreement prohibiting class action.
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