The National Labor Relations Board last week 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.
NLRB member Craig Becker joined chairman Mark Gaston Pearce to hold that class action waivers do not belong in the workplace, and that requiring them as a condition of employment is an unfair labor practice. Messrs. Becker and Pearce are appointees of President Barack Obama. The board’s sole Republican member, Brian Hayes, was recused for undisclosed reasons. The decision was made public Jan. 6.
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