Beck Redden Succeeds On Petition Involving National Labor Relations Act

  • March 3, 2016

 In Chesapeake Energy Corp v. NLRB, Beck Redden was successful in its petition for review filed with the U.S. Court of Appeals for the Fifth Circuit.  The question presented was whether employment contracts containing mandatory arbitration agreements that waive class arbitration violate Section 8 of the National Labor Relations Act.  Beck Redden argued that the Fifth Circuit should continue upholding its precedent that such waivers of class arbitration are valid under the Federal Arbitration Act (“FAA”).  The Fifth Circuit agreed, granted the petition for review in relevant part, and held that such waivers of class arbitration do not violate Section 8 and are consistent with the FAA.

Beck Redden lawyers Russell S. Post, William R. Peterson, and Parth S. Gejji handled the petition.  They collaborated with Michael F. Lauderdale of McAfee & Taft, who handled the case during proceedings before the National Labor Relations Board.  The Fifth Circuit’s opinion is attached.