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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)
Official docket sheet
Certiorari granted: February 19, 2008.
Oral argument: Fall 2008.
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:
Briefs on the merits:
- Brief
for Petitioner 14 Penn Plaza, LLC., and Temco Service Industries, Inc.
- Brief
for Respondent Steven Pyett, Thomas O'Connell, and Michael Phillips
- Brief
for the Equal Employment Advisory Council in Support of Petitioner
- Brief
for the National Academy of Arbitrators in Support of Respondent
- Brief
for the Service Employees International Union, Local 32BJ in Support of
Respondent
- Brief
for the National Right to Work Legal Defense Foundation, Inc., in
Support of Respondent
- Brief
for the American Federation of Labor and Congress of Industrial
Organizations and Change to Win in Support of Respondent
- Brief
for the Lawyers’ Committee for Civil Rights Under Law, the American
Association of People with Disabilities, the Asian American Justice
Center, Legal Momentum, the Mexican American Legal Defense and
Educational Fund, the National Partnership for Women & Families, and
the National Women’s Law Center, in Support of Respondent
- Brief
for the National Employment Lawyers Association, AARP, and American
Association for Justice in Support of Respondent
Counsel:
-
For Petitioners: Paul Salvatore;
Proskauer Rose LLP; 1585 Broadway; New
York, NY 10036; (212) 969-3000.
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For Respondent: Jeffrey L. Kreisberg; Kreisberg & Maitland LLP;
116 John Street, Suite 1120; New York, NY 10038; (212)
629-4970.
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