Memo OM 17-11 provides specific guidance to Regional Directors regarding the handling of the varying scenarios relating to such agreements under Murphy Oil. For instance, in cases where the Regions find merit that an employer is either maintaining and/or enforcing an arbitration agreement prohibited by Murphy Oil, the General Counsel in Memo OM 17-11 directs Regions to propose the parties enter into settlement agreements conditioned on the NLRB prevailing before the Supreme Court. … [Read more...] about Obama’s NLRB Legacy Remains: New GC Memo Locks Active Arbitration Agreement/Class Action Waiver Cases to Murphy Oil Holding
Murphys oil soap
“Though the Board might not need to acquiesce in our decision, it is a bit bold for [the Board] to hold that an employer who followed the reasoning of our D.R. Horton decision had no basis in fact or law or an ‘illegal objective’ in doing so. The Board might want to strike a more respectful balance between its views and those of circuit courts reviewing its orders.” … [Read more...] about Arbitration Agreement “Take Two”: Fifth Circuit Refuses to Revisit D.R. Horton in Murphy Oil Case
The four Murphy Oil USA Inc. employees who had originally filed the collective action alleging overtime violations were ordered to arbitration by U.S. District Judge C. Lynwood Smith Jr. of the Northern District of Alabama in 2012. However, rather than proceed to arbitration as the Court ordered, the plaintiffs waited while one of the four pursued the action before the NLRB. The plaintiffs undoubtedly were hoping that they would be able to avoid arbitration and proceed with their overtime claim in federal court based on the NLRB’s holding inMurphy Oil. … [Read more...] about Alabama Federal Judge Disregards NLRB’s Murphy Oil Holding and Dismisses Employees’ Wage/Hour Claims
On April 1, 2016, Enbridge G and P Canada Limited Partnership, a subsidiary of Enbridge Inc., closed the previously announced $538 million acquisition of Tupper Main and Tupper West gas plants and associated sales gas pipelines in northeastern BC from the Canadian subsidiary of Murphy Oil Corporation, and entered into a long term Midstream Services Agreement for processing and transportation of Murphy’s produced gas. … [Read more...] about Enbridge acquires Montney natural gas assets from Murphy Oil Corp.
In January, the United States Supreme Court granted certiorari in National Labor Relations Board v. Murphy Oil USA, Case No. 16-307, Epic Systems Corp. v. Lewis, Case No. 16-285 and Ernst & Young LLP v. Morris, Case No. 16-300, consolidating them for argument. The U.S. Supreme Court is expected to resolve the circuit split over whether an arbitration agreement that requires an employee to waive his or her right to bring or participate in a class action violates the National Labor Relations Act. The Court’s decision will have major implications on class and collective actions going forward. … [Read more...] about Murphy Oil Case Scheduled for Oral Argument