Nevertheless, in 2014, the National Labor Relations Board ruled to Murphy Oil that a forced arbitration agreement, in which workers waived their right to participate in collective rights, was an unfair work practice by the employer and was therefore unenforceable. It is important to note that when cases are heard by an NRB judge, the losing party has the right to challenge the review decision by the five-member full chamber and, finally, to challenge the decision in a federal court. It is therefore important to remember that a decision at the NRB level, positive or negative, may not go beyond the appeal process. Federal courts have different jurisdictions for their decisions to enforce forced arbitration agreements. In 1998, the Federal Court of Appeals, which governs the State of California, issued its decision to Duffield v. Roberts- Stevenson Company (9. 1998) 144 F.3d 1182. The Duffield court ruled that the Civil Rights Act of 1991 prohibited the application of mandatory employment contracts to settle claims under Title VII of the Civil Rights Act of 1964 or state anti-discrimination laws equivalent to those of the California Fair Employment and Housing Act (« FEHA »). In Duffield, the case was a stockbroker who was attempting to charge government and federal discrimination claims against their employer as a result of allegations of sexual discrimination and harassment.
The Civil Rights Act of 1991 states that « where appropriate and to the extent permitted by law, the use of other means of dispute resolution, including . . . . Arbitration is encouraged to resolve disputes arising from federal statutes or provisions that are amended by that title. Despite this language, the court found the status congress`s intention to prohibit mandatory civil rights arbitration of employees. The 9th Circle was the only federal appels court to adopt such a strong attitude against the resolution of labour disputes. As a result, most legal experts concluded that arbitration agreements governing discrimination and related rights were null and void. The scrupulous nature of the content examines the fairness of the trial in the context of the agreement in relation to what would otherwise be the case in the public justice system. Does the arbitration provision remove some of the rights that could have been invoked in court, such as. B a request for a penalty that, according to the law, could be available for late payment of wages? Or does the arbitration provision remove remedies that might otherwise be available? These and other similar issues constitute a restriction on the worker`s material rights and may be unacceptable on the merits. Colvin`s survey of dispute resolution procedures in the telecommunications sector, conducted in 2003, showed that 14.1% of companies in this sector had adopted a mandatory arbitration procedure and that these procedures applied to 22.7% of non-unionized workers in the sector (large companies instead adopted mandatory arbitration procedures) (Colvin 2008). In general, yes.
The U.S. Supreme Court ruled in 2001 that the FAA applies to employment contracts as a whole. Most of the above decisions limited the ability of employers to compel workers to accept arbitration provisions under the FAA. Since the U.S. Supreme Court`s decision in 2001, the application of employer-forced arbitration agreements has increased sharply, as have decisions to enforce such agreements against workers.