The apparent conflict between the National Labor Relations Act (NLRA), which protects employees¿ ability to overcome oppressive employment collectively, and the Federal Arbitration Act (FAA), which provides for judicial facilitation of arbitration disputes, has led the Supreme Court to take a negative position on invalidating arbitration agreements, even when those agreements restrict the substantive rights of employees. This Comment argues that the NLRA and FAA do not conflict and the Supreme Court should adopt the effective vindication exception to invalidate individual arbitration agreements that prohibit employees from utilizing collective action in an employment dispute.
Tragedy of the Commonality: A Substantive Right to Collective Action in Employment Disputes,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol67/iss1/4