Labor/Employment
Nov. 29, 2013
Today's yellow-dog contracts
Recent decisions embracing the FAA do not address the rights of employees, enshrined in the Norris-LaGuardia Act and the National Labor Relations Act. By Dennis Moss and Ari Moss
The Supreme Court decisions embracing the Federal Arbitration Act as a trump card preventing class actions and class arbitrations in a number of contexts do not address the rights of employees, enshrined in the Norris-LaGuardia Act of 1932 and the National Labor Relations Act of 1935, to engage in concerted activity for mutual aid or protection. The substantive right employees have to engage in concerted litigation in arbitral or judic...
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