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Tag: concerted activity

June 16, 2017

Freedom of contract at stake in a Supreme Court trio

In January, the Supreme Court granted certiorari and consolidated three cases to decide whether the National Labor Relations Act, which protects workers' rights to engage in "concerted activities" for their mutual benefit, trumps the Federal Arbitration Act's protection of the freedom of contract that allows employers and employees to agree to reso ...

January 13, 2017

Cert grant pitting “concerted activities” against freedom of contract

Today the Supreme Court granted certiorari in three cases that raise the same issue: whether the National Labor Relations Act, which protects workers' rights to engage in "concerted activities" for their mutual benefit, trumps the Federal Arbitration Act's protection of the freedom of contract that allows employers and employees to agree to resolve ...

September 30, 2016

National Labor Relations Act vs. Federal Arbitration Act

Laaaaaadies and gentlemen! In this corner: the National Labor Relations Act, a national heavyweight born in the New Deal, protecting workers' rights to "concerted activities" for their mutual benefit! And in this corner: the Federal Arbitration Act, a powerful 1925 rebuff to the judiciary's then-hostility to arbitration, protecting the freedom of c ...