U.S. Court of Appeals for the Fourth Circuit
Oral Argument Date
December 07, 2016
Fourth Circuit denies enforcement of NLRB D.R. Horton rule on arbitration
May 23, 2018
U.S. Chamber urges enforcement of arbitration agreements in employment
April 11, 2016
The U.S. Chamber filed an amicus brief urging the Fourth Circuit to reverse a National Labor Relations Board (“NLRB”) decision adopting the D.R. Horton rule, which frustrates the will of Congress and eliminates the benefits of arbitration.
The Chamber’s brief argues that the National Labor Relations Act (“NLRA”) and Norris-LaGuardia Act do not override the Federal Arbitration Act (“FAA”), because the Supreme Court has repeatedly held that the FAA may not be “implicitly” overridden. Additionally, the brief explains that there is a federal policy in favor of arbitration because it benefits employees, businesses, and the national economy.
This case is part of a series of cases in which parties, including the NLRB as a party or amicus, continue to press the NLRB’s position, first announced in the D.R. Horton matter and rejected by virtually every court to consider it, that agreements between employers and employees to arbitrate disputes on an individual basis violate the National Labor Relations Act.
William S. Consovoy and Thomas R. McCarthy of Consovy McCarthy Park PLLC served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.