Amicus Brief Presses NLRB Not to Expand Its Reach Beyond Union Organizing

Class action waivers do not impact an employee’s ability to organize.  They do not restrain employees’ ability to form a union, to work as a group to organize a union, to vote for or against a union, or to communicate with other employees regarding a union.  Class action waivers do not impact the process whereby unions are certified.  While the Acting General Counsel would argue that a class action waiver, in some instances, might constitute an unfair labor practice, this would be a case of a private plaintiff’s “tail” . . . wagging the NLRB’s regulatory mission. The Board would find itself at the center of a mountain of employment litigation involving non-union employers and non-union employees dealing with non-NLRA employment claims.