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U.S. Supreme Court,
Labor/Employment,
Constitutional Law,
California Supreme Court

Sep. 18, 2017

Collective bargaining squares off against arbitration

In its October term, the U.S. Supreme Court will revisit whether the collective bargaining provisions of NLRA prohibit enforcement under the Federal Arbitration Act of an agreement requiring employees to arbitrate claims against employers on individual, as opposed to a collective, basis.

Brian S. Kabateck

Founding and Managing Partner
Kabateck LLP

Consumer rights

633 W. Fifth Street Suite 3200
Los Angeles , CA 90071

Phone: 213-217-5000

Email: bsk@kbklawyers.com

Brian represents plaintiffs in personal injury, mass torts litigation, class actions, insurance bad faith, insurance litigation and commercial contingency litigation. He is a former president of Consumer Attorneys of California.

See more...

Natalie S. Pang

Associate
Glancy, Prongay & Murray LLP

Phone: (310) 201-9150

Email: npang@glancylaw.com

Natalie has expertise in products liability, personal injury, mass tort actions and appellate practice cases.

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Collective bargaining squares off against arbitration
Justice Neil Gorsuch and Chief Justice John Roberts outside of the Supreme Court in Washington in June. (New York Times News Service)

Employers seeking to prevent employees from bringing class action lawsuits against them faced a setback when the 9th U.S. Circuit Court of Appeals held in its August 2016 decision of Morris v. Ernst & Young that arbitration agreements requiring employees bringing claims against their employer do so in “separate proceedings” violated the National Labor Relations Act. In its October term, the U.S. Supreme Court will revisit the issues in

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