Employees' New Tactic to Challenge Arbitration Agreements: A Trip to the NLRB
Employer Strategies to Defeat Challenges Amid Conflicting Court and NLRB Approaches
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare employment and labor counsel to face an emerging tactic used by plaintiffs challenging arbitration agreements and class action waivers: a trip to the National Labor Relations Board (NLRB). The panel will discuss this emerging tactic, how it can and has been used by employees, how the Board has reacted, and what employers can and should do now to try to defeat the continued challenges in this new arena to otherwise valid agreements.
Outline
- Review of court decisions
- Review of NLRB rulings
- Strategies for defending claims filed with the NLRB
- Creating valid arbitration policies and agreements
Benefits
The panel will address these and other key issues:
- Which employers are not covered by the NLRB’s rulings?
- Which employers and arbitration agreements are most at risk?
- What relevant procedures must employers be familiar with to defend arbitration agreements?
Faculty

Lonnie D. Giamela
Partner
Fisher & Phillips
Mr. Giamela represents employers in all aspects of labor and employment law, including fair employment, intellectual... | Read More
Mr. Giamela represents employers in all aspects of labor and employment law, including fair employment, intellectual property, ERISA litigation, wage and hour, independent contractor classification, medical leaves, mass layoff and preparation of employment documents such as handbooks and compensation plans. He has extensive experience representing local, regional and national clients in class action wage-hour lawsuits and has assisted clients in collective bargaining, defense of unfair labor practice charges, arbitrations, and representation of employers in union organizing campaigns.
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Teresa R. (Terri) Tracy
Partner
Freeman Freeman & Smiley
Ms. Tracy represents management in all areas of labor and employment law and litigation, including wrongful... | Read More
Ms. Tracy represents management in all areas of labor and employment law and litigation, including wrongful termination, discrimination, wage and hour, class action, union organizing campaigns, grievances and arbitrations, and collective bargaining. She also provides preventive services, including comprehensive counseling and training.
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