Ernst & Young v. Morris

Summary

The petitions for writs of certiorari were granted in case numbers 16-285, 16-300 and 16-307. The cases were consolidated and a total of one hour was allotted for oral argument.

Epic Systems Corp. v. Lewis (Case No. 16-285, 823 F.3d 1147) presents the following issue:
Whether an agreement that requires an employer and an employee to resolve employment-related disputes through individual arbitration, and waive class and collective proceedings, is enforceable under the Federal Arbitration Act, notwithstanding the provisions of the National Labor Relations Act.

Ernst & Young v. Morris (Case No. 16-300, 834 F.3d 975) presents the following issue:
Whether the collective-bargaining provisions of the National Labor Relations Act prohibit
the enforcement under the Federal Arbitration Act of an agreement requiring an employee to
arbitrate claims against an employer on an individual, rather than collective, basis.

NLRB v. Murphy Oil USA Inc. (Case No. 16-307, 808 F.3d 1013) presents the following issue:
Whether arbitration agreements with individual employees that bar them from pursuing
work-related claims on a collective or class basis in any forum are prohibited as an unfair labor
practice under 29 U.S.C. 158(a)(1), because they limit the employees' right under the National
Labor Relations Act to engage in "concerted activities" in pursuit of their "mutual aid or
protection," 29 U.S.C. 157, and are therefore unenforceable under the saving clause of the
Federal Arbitration Act, 9 U.S.C. 2.

— Brian Cardile