The Board Will Continue to Advance Its Principles in D.R. Horton GCM 14-01 indicates that mandatory arbitration agreements with a class action prohibition that are not resolved by D.R. Horton or subsequent Advice memoranda should be submitted to the Division of Advice. In D.R. Horton, Incorporated v. NLRB, Case No., 12-6003, the Fifth Circuit invalided the Board's decision that arbitration agreements which precluded litigation of claims in the form of class actions, violated the NLRA. Despite the Fifth Circuit's decision, the Board has yet to revise its enforcement position on the subject of class action waivers in employment arbitration agreements. Rather, the General Counsel has directed the Regions to proceed based on the underlying NLRB decision, which the Fifth Circuit reversed in D.R. Horton, until otherwise directed by the GC's office.