# LogistiCare Solutions, Inc. v. National Labor Relations Board

> Court of Appeals for the Fifth Circuit · August 9, 2017 · 866 F.3d 715

URL: https://www.frixlaw.com/law-library/cases/9877803

## Case

- **Full name:** LOGISTICARE SOLUTIONS, INCORPORATED, Petitioner Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** August 9, 2017
- **Citations:** 866 F.3d 715; 209 L.R.R.M. (BNA) 3377; 2017 U.S. App. LEXIS 14691; 2017 WL 3404648
- **Precedential status:** Published
- **Opinion:** Concurring in part by Higginbotham
- **Judges:** Elrod, Higginbotham, Higginson
- **Nature of suit:** Agency
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9877803

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9877803. Public record. Not legal advice.