The ACLU Is Trying to Destroy the Biden NLRB
Earlier this week, the National Labor Relations Board (NLRB) issued a two-page decision denying the American Civil Liberties Union’s (ACLU) request to appeal an administrative law judge’s (ALJ) decision to not defer a dispute with one of its former employees to arbitration. Like most progressive organizations, the ACLU has historically supported access to the courts and opposed forcing workers and consumers into arbitration. Yet this case reveals that the ACLU has arbitration agreements with its employees and is doggedly trying to use those agreements to keep them from accessing the NLRB.
Digging into the case reveals something even more surprising than run-of-the-mill hypocrisy from a progressive employer. In this proceeding, the ACLU is not merely attempting to have the case deferred to arbitration under existing Board law. It is also trying to expand Board law to force workers into arbitration in circumstances where they currently have a right to have their disputes heard by the NLRB.
To understand the stakes of this fight, it is useful to take a step back and explain what arbitration deferral is in the first place.
