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D.R. HORTON, INC. v. N.L.R.B.

No. 12-60031.

737 F.3d 344 (2013)

D.R. HORTON, INCORPORATED, Petitioner/Cross-Respondent v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

December 3, 2013.

Attorney(s) appearing for the Case

Ronald Wayne Chapman, Jr., Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Dallas, TX, Bernard Phillip Jeweler, Ogletree Deakins, P.C., Washington, DC, Christopher Charles Murray, Esq., Ogletree Deakins, P.C., Indianapolis, IN, Michael M. Shetterly, Attorney, Mark M. Stubley, Ogletree Deakins, P.C., Greenville, SC, for Petitioner/Cross-Respondent.

Linda Dreeben, Esq., Deputy Associate General Counsel, Ruth E. Burdick, Supervisory Attorney, Kira Dellinger Vol, National Labor Relations Board, Beth S. Brinkmann, Esq., U.S. Department of Justice, Washington, DC, for Respondent Cross-Petitioner.

Before KING, SOUTHWICK, and GRAVES, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

The National Labor Relations Board held that D.R. Horton, Inc. had violated the National Labor Relations Act by requiring its employees to sign an arbitration agreement that, among other things, prohibited an employee from pursuing claims in a collective or class action. On petition for review, we disagree and conclude that the Board's decision did not give proper weight to the Federal Arbitration Act. We uphold the Board, though...

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