On April 16, the Fifth Circuit refused to rehear D.R. Horton, Inc. v. NLRB. In December 2013, the majority on a three-judge panel refused to enforce an NLRB order in which the Board found that a non-union employer’s “mandatory” arbitration agreement, which permitted only individual claims and not class claims to be arbitrated, violated the Act’s protection of concerted activity. The Board had petitioned on March 13 to have the case reheard by the panel or by the full Fifth Circuit, calling the issue exceptionally important and arguing that the panel had misapplied Supreme Court arbitration decisions and failed to recognize the distinctive character of the NLRA and its protection of concerted activity. Now that the Fifth Circuit has rejected the petition for rehearing, the Board is expected to seek review by the Supreme Court and has until July 15 to do so. Although the Board will have deal with the Fifth Circuit precedent in Fifth Circuit states (Louisiana, Mississippi, and Texas), it has refused to follow the decision nationally and elsewhere has continued to aggressively advance its position that class and collective action waivers in mandatory arbitration agreements violate Section 8(a)(1) of the NLRA.