Get The Help You Need 100% Confidential
FREE Initial Phone Consultation Call
(317) 955-9500

NLRB says employees have right to sue collectively

A National Labor Relations Board (NLR B) in a recent 2-0 decision rejected arbitration language requiring the employees waive class-action rights. An essence, what this means concerning employment disputes is that workplace employment laws in Indiana and elsewhere will continue to take precedence over provisions of the Federal Arbitration Act.

It has been assumed by certain employers under a recent United States Supreme Court case, AT&T Mobility v. Concepcion, that arbitration agreements could be worded in such a way that would force employees to waive their right to sue as a member of a class. However, despite the Concepcion ruling that held that arbitration agreements between employers and employees must be enforced, the NLRB decision still holds that there is certain language in such arbitration agreements that will violate public policy.

Employment decisions are often intricate and involve many competing policies. When it comes to employment disputes, employees should not automatically decide that they are out of luck simply because an employer produces an agreement that seems to limit the employee's rights in matters of such disputes.

However, it would be in the interest of such an employee to seek the counsel and representation of attorneys that understand the intricacies of employment law. Otherwise, the employee is likely going to end up fighting a dispute against a multi-million dollar corporation.

It must be remembered that arbitration agreements have been challenged for a variety of reasons in the past and thus the NLRB recent decision does not in itself contradict the holding of Concepcion. Arbitration agreements will be continually enforced, but these agreements may be stripped of certain provisions. Nevertheless, the employer to whom this decision was directed may still attempt to appeal this decision to the federal circuit court of appeals.

We will have to see how courts decide such matters in the future.

Source: Human Resource Executive, "Rethinking Arbitration Following NLRB Decision," by Tom Starner, Jan. 18, 2012

No Comments

Leave a comment
Comment Information
Email Us For A Response

Need Help?

Let us know today. Our experienced attorneys want to help you.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

John H. Haskin & Associates, LLC
255 North Alabama Street
Suite 200
Indianapolis, IN 46204

Phone: 317-426-6995
Fax: 317-955-2570
Indianapolis Law Office Map

  • Mon-Fri
  • 8:00 AM - 5:00 PM
  • Sat-Sun
  • Closed
Review Us