In case the politics surrounding the National Labor Relations Board aren’t sufficiently charged these days, the board emphatically rejected an arbitration agreement that required employees to waive their class action rights, notwithstanding the U.S. Supreme Court ruling last year in AT&T Mobility v. Concepcion.
On Wednesday, President Obama appeared to pick a fight with Senate Republicans, making three recess appointments to fill NLRB vacancies (this was in addition to his much-discussed appointment of Richard Cordray to head the Consumer Financial Protection Bureau). Republicans fired back, arguing that the picks are too labor-friendly and the Senate isn’t actually in recess.
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