In D.R. Horton, Inc., 357 NLRB No. 184 (2012), the Board found an employer policy that required mandatory arbitration of employee claims on an individual basis, and specifically prohibited class or collective actions, unlawful. The Board held that the policy could be construed to prohibit employees from engaging in concerted activity in violation of the Act, and as such, the policy was unlawful. But the employer in the D.R. Horton case appealed the Board's decision to the Fifth Circuit Court of Appeals, and that court reversed the Board's decision, holding that the decision failed to give proper weight to the Federal Arbitration Act (FAA). In D.R. Horton, Inc. v. Nat'l Labor Relations Bd., 737 F.3d 344 (5 th Cir. 2013), the court stated that the FAA states a congressional intention to favor and support arbitration as a means of dispute resolution. The Court held that Board's decision inappropriately relied on the NLRA over the FAA.