Hoosier Banker 29 chicago indianapolis st. louis milwaukee A full service business law firm with a simple promise – put you first 201 North Illinois Street, Suite 1400 Capital Center, South Tower Indianapolis, Indiana 46204-4212 T: 317.464.4100 | F: 317.464.4101 | salawus.com Growing in Indiana to meet your company’s legal needs STEPHEN STITLE | MARTHA LEHMAN | LARRY TOMLIN | ANDREW PODGORNY | BRANDT HARDY MARK WENZEL | DEBRA MASTRIAN | JOHN TANSELLE unfair or unconscionable, or was the result of fraud or duress. Furthermore, if the arbitration agreement contains a class and collective action waiver, care must be taken to not violate the National Labor Relations Act. HB * In May 2018, the U.S. Supreme Court rejected the argument that the National Labor Relations Act prohibits mandatory arbitration agreements that contain class and collective action waivers. A waiver requires each employee to arbitrate his or her dispute individually, rather than collectively or as part of a class action. Collective and class actions are typically costly to defend. The Supreme Court ruled that employers can enforce class and collective action waivers in employment-related arbitration agreements. Despite that ruling, the National Labor Relations Board – the federal agency that enforces the NLRA – continues to scrutinize employment-related arbitration agreements. In Beena Beauty Holding, Inc., 368 NLRB No. 91 (2019), the NLRB found that mandatory arbitration provisions that may be reasonably construed by employees as limiting or interfering with rights under the NLRA are likely unlawful. Thus, arbitration agreements should include a “savings clause” to the effect that nothing in the arbitration agreement shall be construed to prohibit an employee from filing a charge or complaint or participating in any investigation or proceeding conducted by an administrative agency, including the NLRB. The information in this article is provided for general information purposes only and does not constitute legal advice or an opinion of any kind. You should consult with legal counsel for advice on your institution’s specific legal issues. Eric A. Koch, a member of the boards of directors of Mid-Southern Bancorp Inc. and of Mid-Southern Savings Bank, FSB, Salem, has earned the certified community bank director designation from the Southwest Graduate School of Banking Foundation at Southern Methodist University. He is an attorney with Koch & McAuley PC and president of Indiana Title Insurance Co. Koch currently serves as a member of the Indiana Senate and formerly was a member of the Indiana House of Representatives from 2002 to 2016. H. Douglas Chaffin has been elected to the boards of directors of First Merchants Corporation and First Merchants Bank, Muncie. He previously served since 2004 as president and CEO of Monroe Bank & Trust FROM THE BOARD ROOM and MBT Financial Corporation, which merged with First Merchants in 2019. Before joining MB&T in 2001, Chaffin held executive positions with Huntington National Bank and First Michigan Bank Corporation. He is chairman of the Monroe County Business Development Corporation, chairman of the River Raisin National Battlefield Park Foundation and serves on the foundation board of Monroe County Community College. Chaffin was appointed in 2017 by then-Gov. Richard Snyder of Michigan to the Talent Investment Board. He serves on the MiBankPAC Committee for the Michigan Bankers Association and is a member and past president of the Monroe Exchange Club. His past community involvement included the City of Monroe Downtown Development Authority, Monroe County Chamber of Commerce, Mercy Memorial Hospital System and the United Way. Chaffin is a graduate of Indiana University. HB
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