NLRB's General Counsel Issues Memo On Arbitration Issue Pending At Supreme Court

As a result of the Supreme Court's recent decision to grant certiorari and address the dispute over whether class and collective action waivers are lawful in an arbitration agreement, many employers have asked whether similar cases pending at the NLRB will be held in abeyance while the Court resolves this issue. The NLRB's general counsel recently issued a memorandum to the agency's regional offices providing a partial answer to this question.

The general counsel's memo refers to arbitration agreements that include such waivers as "Murphy Oil" agreements, which is a reference to the NLRB decision now pending at the Supreme Court on this issue. Many employers refer to this as the "D.R. Horton" issue, referring to the Board's initial decision involving such waivers. These terms are synonymous for this purpose.