NLRA versus FAA: Why the NLRB got it wrong in D.R. Horton

In this article, William Emanuel, Henry Lederman, and Vartan Madoyan discuss the recent decision made by the National Labor Relations Board that certain arbitration agreements covered by the Federal Arbitration Act are unlawful and unenforceable. They examine the D.R. Horton case and how the board clearly favored its long held policies, but it also infringed upon a clear congressional directive that arbitration agreements be enforced in accordance with their terms.

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