Waiver of Collective or Class Actions in Arbitration. As arbitration clauses that include class action waivers become more common, banks and credit unions often seek to implement these…This article provides stepbystep guidance to consider when enforcing arbitration agreements and class action waivers in employment cases. Arbitration Agreement. Should employers implement arbitration agreements with class and collective action waivers? The pros and the cons. That held class action waivers in consumer arbitration agreements to be unconscionable and therefore unenforceable.