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United States Supreme Court Employment Law Cases All pending employment law cases - click here |
14 Penn Plaza LLC v. Pyett
(07-581)
Whether arbitration clause in collective bargaining agreement is
a waiver of employee's right to sue for violation of anti-discrimination
statutes
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When employees sued claiming age discrimination, the
employer filed a motion to compel them to take the case to arbitration. The
employees were covered by a collective bargaining agreement which prohibited age
discrimination and also said "All such claims shall be subject to the
grievance and arbitration procedure [in the collective bargaining agreement] as
the sole and exclusive remedy for violations." The trial court denied the
motion to compel arbitration, and the 2nd Circuit affirmed.
The 2nd Circuit held that "arbitration provisions
contained in a [collective bargaining agreement], which purport to waive
employees' rights to a federal forum with respect to statutory claims, are
unenforceable."
Case below: Pyett v.
Pennsylvania Building Company (2nd Cir 08/01/2007)
Question presented: Is an arbitration clause contained in a collective bargaining
agreement, freely negotiated by a union and an employer, which clearly and
unmistakably waives the union members’ right to a judicial forum for their
statutory discrimination claims, enforceable?
Certiorari Documents:
Counsel:
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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