U.S. Supreme Court Finds Arbitration Clause in CBA May Bar ADEA Claim
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Friday, April 17, 2009 |
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In
a 5-4 decision, the United States Supreme Court has held enforceable a
provision in a collective-bargaining agreement that "clearly and
unmistakably" compels union members to arbitrate Age Discrimination in
Employment Act (ADEA) claims.
14 Penn Plaza LLC et al. v. Pyett et al., (April 1, 2009).
The
majority opinion favors employers by limiting the remedies available to
union-represented employees claiming age discrimination.
The
Court summarized its conclusion by stating, "The [National Labor
Relations Act] provided the Union and the RAB with statutory authority
to collectively bargain for arbitration of workplace discrimination
claims, and Congress did not terminate that authority with respect to
federal age discrimination claims in the ADEA. Accordingly, there is no
legal basis for the Court to strike down the arbitration clause in the
CBA, which was freely negotiated … and which clearly and unmistakably
requires respondents to arbitrate the age discrimination claims at
issue in this appeal. Congress has chosen to allow arbitration of ADEA
claims. The Judiciary must respect that choice."
Supreme Court Decision re Arbitration Agreements in March, 2008
Supreme Court Decision re Arbitration Agreements in February, 2008
Supreme Court Decision re Arbitration Agreements in February, 2006
NLRB Rules that Mandatory Arbitration Policy is a Violation of NLRA
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