D.R. Horton, Inc. v. NLRB, No. 12-60031 (5th Cir. 2013)Annotate this Case
D.R. Horton petitioned for review of the Board's holding that D.R. Horton had violated the National Labor Relations Act (NLRA), 29 U.S.C. 151 et seq., by requiring its employees to sign an arbitration agreement that, among other things, prohibited an employee from pursuing claims in a collective or class action. After addressing issues regarding the composition of the Board, the court concluded that the Board's decision did not give proper weight to the Federal Arbitration Act (FAA), 9 U.S.C. 2. The court upheld the Board, though, on requiring D.R. Horton to clarify with its employees that the arbitration agreement did not eliminate their rights to pursue claims of unfair labor practices with the Board.