HR Policy Weighs in Against NLRB Efforts to Expand Its Jurisdiction

June 08, 2012

HR Policy this week filed an amicus curiae brief with the Fifth Circuit urging it to overturn a National Labor Relations Board ruling that seeks to regulate alternative dispute resolution mechanisms in non-union settings.  Under the rubric of protecting "concerted activity," the Board in D.R. Horton ruled that restrictions against class actions in non-union arbitration agreements violate the labor laws.  Our brief, filed by our outside labor counsel Roger King of Jones Day, states:

Regulating the terms of individual nonunion dispute resolution agreements does not relate in any way to the Board’s core mission of protecting employees’ rights to organize and bargain collectively.  Indeed, as a matter of national labor policy, the Board’s decision herein evidences a lack of understanding of the significant role that alternative dispute resolution procedures play in today’s workplace and the decades of substantial support that such procedures have received from all levels of the judiciary and from employees, employers and labor organizations alike.  Such dispute resolution procedures reflect the reality of the workplace where informal and expeditious problem solving mechanisms have been instituted to avoid the often expensive and protracted nature of litigation.