Eighth Circuit Again Finds Class and Collective Action Waivers Lawful Under NLRA, Contrary To Seventh Circuit
Friday, June 3, 2016

On the heels of the 7th Circuit’s May 27 Lewis v. Epic Systems decision, reported here, yesterday the Eighth Circuit Court of Appeals held that the NLRB erred in determining that Cellular Sales of Missouri, LLC violated the NLRA by maintaining and enforcing a mandatory arbitration agreement under which employees waived their rights to pursue class or collective action to redress employment-related disputes in any forum. (The court agreed with the Board that employees of Cellular Sales would reasonably understand the arbitration agreement to waive or impede their rights to file unfair labor practice charges with the Board.) Cellular Sales of Missouri, LLC v. National Labor Relations Board, No. 15-1860 (June 2, 2016).  The Eighth Circuit’s decision, days after the Seventh Circuit’s opposite ruling, underscores that the issue is ripe for United States Supreme Court review

 

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