The opinion
PATRICK E. HIGGINBOTHAM, Circuit Judge,’
concurring in part; dissenting in part:
As in Convergys Corporation v. NLRB, 1 this ease concerns whether a.company’s class and collective action waiver violates Section 8(a)(1) of the National Labor Relations Act (“the Act”), 29 U.S.C. §§ 151 , et seq. For the reasons stated in my dissent in Convergys, I would hold that a bare class and collective action waiver outside of an arbitration, agreement violates the Act. On this issue, I dissent from the majority opinion.
'However,- I agree with the majority’s analysis and conclusion that the waiver does not violate § 8(a)(1) for the independent reason that employees could reasonably interpret it to restrict their right to bring charges with the Board. On this issue, I concur in the majority opinion.
. No. 15-60860, 866 F.3d 635 , 2017 WL 3381432 (5th Cir. Aug. 7, 2017).