NLRB ALJ applies controversial D.R. Horton class waiver decision

On 2 July 2012, a National Labor Relations Board (the NLRB or “Board”) Administrative Law Judge (ALJ) found unlawful under Section 8(a)(1) of the National Labor Relations Act (the NLRA) an employer’s mandatory arbitration procedure that prohibited class or collective actions against the employer unless all parties agreed otherwise. Advanced Services, Inc., Nos. 26-CA-63184, — 71805 (NLRB Div. of Judges 2 Jul. 2012). In so doing, the ALJ applied the NLRB’s oft-criticized decision in D.R. Horton, 357 NLRB No. 184 (3 Jan. 2012), and rejected an argument that the decision was wrongly decided.

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