This 2-1 decision holds that an arbitration clause in an employment contract which requires individual arbitration of the plaintiff’s claims is unenforceable as violative of sections 7 and 8 of the NLRA which guarantee a worker’s right to engage in concerted activities with respect to working conditions, including seeking to improve them through administrative or judicial proceedings. The Seventh Circuit agrees: Lewis v. Epic Sys. Corp. (7th Cir. 2016) 823 F.3d 1147; the Second, Fifth and Eighth disagree: Cellular Servs. of Missouri, LLC v. NLRB (8th Cir. 2016) __. F.3d __, 2016 WL 3093363; D.R. Horton, Inc. v. NLRB (5th Cir. 2013) 737 F.3d 344; Sutherland v. Ernst & Young, LLP (2d Cir. 2013) 726 F.3d 290.1191
An arbitration clause in an employment contract which requires individual arbitration of the plaintiff's claims violates sections 7 and 8 of the National Labor Relations Act, which guarantee a worker's right to engage in concerted activities with respect to working conditions, including administrative or judicial proceedings.