Sanders v. National Labor Relations Board

(1) Whether a provision in an employment arbitration agreement that prohibits employees from seeking adjudication of any work-related claim on a class, collective, joint, or representative basis in any forum is invalid and unenforceable under Sections 2 and 3 of the Norris-LaGuardia Act, 29 U.S.C. §" 102, 103, and Sections 7 and 8(a)(1) of the National Labor Relations Act, 29 U.S.C. §" 157, 158(a)(1), because it "interfere[s]" with the employees' statutory right "to engage in . . . concerted activities for the purpose of . . . mutual aid or protection[;]" and (2) whether such a provision, if otherwise unlawful, is rendered lawful by permitting employees a time-limited pre-dispute opportunity to opt out of the default employment arbitration agreement.