Mandatory Arbitration Agreement with Class Action Waiver Violates NLRA as Supervisor Alleged: NLRB | Practical Law
In Chesapeake Energy Corporation, the National Labor Relations Board (NLRB), applying D.R. Horton and Murphy Oil USA, found that a supervisor's mandatory arbitration agreement with class action waiver violates Section 8(a)(1) of the National Labor Relations Act (NLRA) because employees would reasonably construe it as prohibiting them from filing unfair labor practice (ULP) charges with the NLRB and from pursuing all employment-related claims on a collective or class basis in all forums.