NYC Labor and Employment Relations Association Panel: National Labor Relations Board Decisions

Harvard Club35 West 44th Street (between Fifth and Sixth Avenues)
New York, New York

Margaret Thering, Associate in the Labor and Employment and Employee Benefits practices, in the firm's New York office, joins a panel discussion hosted by the New York City Chapter of the Labor and Employment Relations Association ("NYC LERA").

The panel will examine the National Labor Relations Board ("NLRB") decisions in D.R. Horton, Inc. and Baptist Homes of the West d/b/a/ Piedmont Gardens as well as the Circuit Courts decisions associated with these cases.

In D.R. Horton, Inc., the NLRB ruled that the Mutual Arbitration Agreement ("MAA") of the homebuilder violated the National Labor Relations Act ("NLRA") because it required employees, as a condition of employment, to relinquish class and collective action court and arbitration proceedings. Since then, several federal district courts have refused to rely on it and have instead upheld the arbitration agreement at issue.

In Baptist Homes of the West, the NLRB held that witness statements are discoverable unless the employer establishes that the statements are confidential. In so doing, the NLRB Overruled Anheuser-Busch, Inc., which for more than thirty years held witness statements obtained by an employer during an investigation were exempt from disclosure in pre-arbitration discovery.

For more information, please contact Ms. Thering.