Filed September 25, 2012
. to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title . . . .”) (emphasis added), and 29 U.S.C. § 157 (“Employees shall have the right . . . to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection . . . .”) (emphasis added), with 29 U.S.C. § 102 (“[Employees] shall be free from the interference, restraint, or coercion of employers of labor, or their agents, in . . . concerted activities for the purpose of collective bargaining or other mutual aid or protection . . . .”) (emphasis added). The NLRB’s conclusion that class and collective action waivers violate Norris-LaGuardia is therefore strongly persuasive.
Filed January 12, 2012
’” Id. *5 (quoting 29 U.S.C. § 102). Indeed, there is no dispute that Plaintiffs are employees.
Filed December 20, 2012
The Board further held that any such prohibition also violates Sections 2 and 3 of the NLGA,which prohibit “any court of the United States” from enforcing any agreementthat interferes with employees’ statutory right to engage in “concertedactivities.” (29 U.S.C. §§ 102-03.) For more than 70 years, the NLRB andthe courts have construed federal labor law as protecting the right of employees, union and non-union alike, to participate in concerted legal action for mutual aid and protection—includingjoint, class, and collective legal actions. (See D.R. Horton, 2012 WL 36274, at *2-*4 [citing Eastex, Inc. v. NLRB (1978) 437 U.S. 556, 565-66; Spandsco Oil & Royalty Co. (1942) 42 NLRB 942, 948- 49; Salt River Valley Water Users Ass’n (1952) 99 NLRB 849, 853-54, 33 enf’d (9th Cir. 1953) 206 F.2d 325; NLRB v. City Disposal Systems (1984) 465 U.S. 822].)
Filed September 29, 2016
Plaintiff provides no support for her request other than to quote the Act’s preamble, which notes generally that employees should be “free of ‘interference’ or ‘restraint’ by employers when they engage in ‘concerted activities . . . .’” Id. (citing 29 U.S.C. § 102). The substantive provisions of that Act, however, have nothing to do with concerted litigation or arbitration, but instead focus on employees’ right to strike and to join a labor organization.
Filed September 1, 2016
Section 2 of Norris-LaGuardia declares it to be the “public policy of the United States” that the individual employee be free of “interference” or “restraint” by employers when they engage in “concerted activities for the purpose of . . . mutual aid or protection.” 29 U.S.C. § 102. Section 3 of the Act provides that, “[a]ny undertaking or promise” that is contrary to the policy declared in section 2 “shall not be en- forceable in any court of the United States.” 29 U.S.C. § 103 (emphasis added).