Relying on D.R. Horton Inc. v. NLRB and Murphy Oil, USA v. NRLB, the Fifth Circuit found the NLRB’s decision that Citibank violated the National Labor Relations Act by requiring employees to sign an arbitration agreement containing collective/class action waiver was erroneous and reversed the Board’s decision.
As noted , the Supreme Court will hear oral argument on this issue.
, No. 15-60856 (USCA 5th Cir., Dec. 8, 2016)