Labor board ruling allows group claims in court

AP via SFGate ^ | 1/7/12 | MICHELE SALCEDO, Associated Press

[SmithL]

Employers can't require workers to sign arbitration agreements that prevent them from pursuing group claims in court, the National Labor Relations Board said Friday, in a decision that some experts say could have wide repercussions.

The NLRB said agreements that required private sector workers to make claims only as individuals and only to an arbitrator violated their right to join together in "concerted action" under the National Labor Relations Act.

. . .

The board voted 2-0, with one recusal, in favor of the ruling against the Fort Worth, Tx.-based company. The NLRB said Brian Hayes, the board's only Republican, was recused from the case. It did not say why.

There were two vacancies on the five-member board when the vote was taken.

[SmithL]

Payback for trial lawyers and the unions, all in one action.

[dools0007world]

Yep. The lawyers win again. As someone once said “kill all the lawyers”—or words to that effect.

What a despicable profession. I imagine there are one or two out there who’ve retained a vestige of morality. Most of them, though, are nothing more than ambulance chasing scum.

[JohnBovenmyer]

Not sure about when this decision was made, but the NLRB now lacks a legal quorum to do anything. Obama’s three non-recess appointments last week are invalid, so anything they try to do should be thrown out in court first thing.

[fella]

Most of D.R. Hortons employees are . . . . shall we say beyond the law, so what’s the B F deal?

[Postman]

When is this starting its court journey? I’ve seen nothing about it.

[JohnBovenmyer]

I don't know if this case can go to court on lack of quorum as they were counting the recused republican as a 3rd towards quorum. That vote I presume was taken before the 3 illegal 'appointments left them with only 2 legal members (one must had their term expire in the interim, I think it was the 'recused' Republican. Now if his 'recusal' was as real as the Senate's 'recess' - that Republican had been talking about not participating to deny them a quorum - then perhaps there could be a case. But surely these 'appointees' will take some action if not stopped and once they take action, no matter how minor, the ineligibility should produce the first defense motion.