Most courts (including the Second Circuit and Ninth Circuit) to address the issue since then have followed suit. Despite the courts' dim view, the NLRB has been undeterred and continues to press its D.R. Horton rationale. One such decision is Murphy Oil USA, Inc., 361 NLRB No. 72 (Oct. 28, 2014). The facts are these: Murphy Oil's new hires signed binding arbitration agreements that included a waiver of the right to commence or participate in a group, collective or class action. Despite having signed the agreement, several employees filed an FLSA collective action in federal court. Murphy Oil filed a motion to dismiss and compel arbitration on an individual basis, which the court granted. The plaintiffs did not appeal the district court's dismissal order. Instead, they pursued unfair labor practice charges with the NLRB, contending that the arbitration agreement interfered with their rights under Section 7 of the NLRA to engage in protected concerted activity.