4 ms·

Unfortunately, this is unlikely to succeed. The court, especially under Roberts who is a fan of arbitration, has ruled in favor of arbitration clauses recently.

by nimish 9y ago

pktgen 9y ago
I fear that you're right. It seems so blatantly obvious that employees collectively litigating employment-related claims is a "concerted activity for mutual aid or protection," and thus class action waivers do violate the NLRA. (So why is this even a dispute? Because conservatives.)
Chaebixi 9y ago
Wasn't Roberts one of the attorneys involved in formulating the current binding arbitration strategy that's being used to suppress consumer lawsuits? I think I read that in the giant investigative piece about arbitration in the NYT.
- pktgen 9y ago
  Yes, according to https://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html https://www.nytimes.com/2015/11/01/business/dealbook/arbitra...: > One of the players behind the scenes, The Times found, was John G. Roberts Jr., who as a private lawyer representing Discover Bank unsuccessfully petitioned the Supreme Court to hear a case involving class-action bans. By the time the Supreme Court handed down its favorable decisions, he was the chief justice.
- dguaraglia 9y ago
  I hate going into the political realm, but next time someone says "both parties are the same", point out how many of these Republican appointed judges are completely against workers' rights.
  - pktgen 9y ago
    Agreed. In addition to judicial decisions, Obama's NLRB has issued several common-sense and worked-friendly decisions over the past several years. The Republican member(s), which were a minority but soon will be the majority, always dissent, using tortured "logic" to justify a position that is inevitably biased towards the employer. When NLRB decisions voted upon party lines are reviewed in court, they have a higher chance of being upheld by Democrat-appointed judges. The Republican members are there to represent management.

Unfortunately, this is unlikely to succeed. The court, especially under Roberts who is a fan of arbitration, has ruled in favor of arbitration clauses recently.

by nimish 9y ago

Unfortunately, this is unlikely to succeed. The court, especially under Roberts who is a fan of arbitration, has ruled in favor of arbitration clauses recently.

pktgen 9y ago

I fear that you're right. It seems so blatantly obvious that employees collectively litigating employment-related claims is a "concerted activity for mutual aid or protection," and thus class action waivers do violate the NLRA. (So why is this even a dispute? Because conservatives.)

Chaebixi 9y ago

Wasn't Roberts one of the attorneys involved in formulating the current binding arbitration strategy that's being used to suppress consumer lawsuits? I think I read that in the giant investigative piece about arbitration in the NYT.

pktgen 9y ago
Yes, according to https://www.nytimes.com/2015/11/01/business/dealbook/arbitration-everywhere-stacking-the-deck-of-justice.html https://www.nytimes.com/2015/11/01/business/dealbook/arbitra...: > One of the players behind the scenes, The Times found, was John G. Roberts Jr., who as a private lawyer representing Discover Bank unsuccessfully petitioned the Supreme Court to hear a case involving class-action bans. By the time the Supreme Court handed down its favorable decisions, he was the chief justice.
dguaraglia 9y ago
I hate going into the political realm, but next time someone says "both parties are the same", point out how many of these Republican appointed judges are completely against workers' rights.
- pktgen 9y ago
  Agreed. In addition to judicial decisions, Obama's NLRB has issued several common-sense and worked-friendly decisions over the past several years. The Republican member(s), which were a minority but soon will be the majority, always dissent, using tortured "logic" to justify a position that is inevitably biased towards the employer. When NLRB decisions voted upon party lines are reviewed in court, they have a higher chance of being upheld by Democrat-appointed judges. The Republican members are there to represent management.