EVERGLADES COLLEGE, INC. v. N.L.R.B.

No. 16-10341.

893 F.3d 1290 (2018)

EVERGLADES COLLEGE, INC., d.b.a. Keiser University, d.b.a. Everglades University, Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner, Lisa K. Fikki, Intervenor-Respondent.

United States Court of Appeals, Eleventh Circuit.

June 26, 2018.


Attorney(s) appearing for the Case

Gail Ellen Farb , John Maxwell Hament , Lindsey Dunn , Williams Parker Harrison Dietz & Getzen, SARASOTA, FL, for Petitioner-Cross Respondent.

Linda Dreeben , Aileen A. Armstrong , Deputy Assistant Chief Counsel, Jeffrey William Burritt , Kira Dellinger Vol , National Labor Relations Board Appellate Litigation, WASHINGTON, DC, for Respondent-Cross Petitioner.

Harold Craig Becker , James B. Coppess , AFL-CIO, WASHINGTON, DC, for Intervenor-Respondent.

Evan Mark Tager , Matthew Waring , Mayer Brown, LLP, WASHINGTON, DC, for Amicus Curiae Chamber of Commerce of the United States of America.

Michael Rubin , Altshuler Berzon, LLP, SAN FRANCISCO, CA, for Amicus Curiae Labor Law Scholars.

Before MARTIN and HULL, Circuit Judges, and RESTANI, Judge.


In 2015, a three-member panel of the National Labor Relations Board ("NLRB") concluded that Everglades College, Inc. ("Everglades") violated the National Labor Relations Act by (1) maintaining and enforcing an employment agreement that required its employees to individually arbitrate employment-related claims and that waived...

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