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14 Penn Plaza LLC v. Pyett

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1695:; Arizona PIRG; Center for Responsible Lending; Citizen Works; ConnectiCOSH; Consumer Action; Consumers for Auto Reliability and Safety; Consumer Federation of America; Consumer Watchdog; Consumers Union; Empire Justice Center; Essential Information; Homeowners Against Deficient Dwellings; Home Owners for Better Building; Lawyers Committee for Civil Rights; Leadership Conference on Civil and Human Rights; Legal Services of New Jersey; Maryland Consumer Rights Coalition (MCRC); MASSPIRG; MYF Legal Services, Inc.; NAACP; National Association of Consumer Advocates; National Community Reinvestment Coalition; National Consumer Law Center (On behalf of its low income clients); The National Consumer Voice for Quality Long-Term Care (formerly NCCNHR); National Consumers League; National Council of La Raza; National Fair Housing Alliance; National Employment Law Project; National Employment Lawyers Association; National Women's Health Network; National Women's Law Center; Neighborhood Economic Development Advocacy Project; New Jersey Citizen Action; Public Citizen; Public Justice Center; The Rural Advancement Foundation International (RAFI-USA); Sargent Shriver National Center on Poverty Law; Service Employees International Union (SEIU); USAction; Union Plus; U.S. Public Interest Research Group (U.S. PIRG) 31: 717:. Customers brought a class action suit against their cell phone company for false advertising and fraud. The Ninth Circuit court determined that the contract's arbitration clause, which precluded class arbitration, was unconscionable under California's Discover Bank rule. The rule allowed for a class action suit "where a party with superior bargaining power was alleged to have cheated large numbers of consumers out of individually small sums of money." The Supreme Court overruled this decision, holding that section 2 of the Federal Arbitration Act preempted the California rule. 731:. The state supreme court of appeals had allowed the family members of three nursing home patients who had died to sue the nursing homes for negligence. In doing so, it upheld a West Virginia state law prohibiting pre-dispute agreements that mandate arbitration of personal-injury or wrongful-death claims against nursing homes. The U.S. Supreme Court decided that the state rule violated the Federal Arbitration Act and vacated the state court's judgment. 571:
arbitration provision for disfavored treatment" "simply because of an alleged conflict of interest between a union and its members." It added "In any event, Congress has accounted for this conflict of interest" by allowing bargaining unit members to take legal action against their union with the National Labor Relations Board and the Equal Employment Opportunity Commission.
320:, employees who were covered under union contracts, often referred to as bargaining unit members, had been able to raise any claims of civil rights violations by their employer in court. This had been the case regardless of the language which was stated in their union contract, a document often referred to as a collective bargaining agreement, or CBA. 388:. After reviewing the evidence, the EEOC dismissed each of the men's complaints. Per the agency's practice when its investigation does not substantiate a charge that has been made, the EEOC issued each man a letter of Dismissal and Notice of Rights. The letters notified the men of their right to file a lawsuit in court. 757:
The bill, first introduced to Congress in 2007, leaves arbitration provisions in collective bargaining agreements between employers and labor unions unaffected "except that no such arbitration provision shall have the effect of waiving the right of an employee to seek judicial enforcement of a right
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One major difference between the two types of agreements is that the former is signed directly by the individual effected by it, while the latter is signed by a union representative. Another difference is that the implementation of mandatory arbitration agreements is governed by a 1925 law called the
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A sharply divided Supreme Court delivered a 5–4 decision in favor of 14 Penn Plaza and overturning the Second Circuit judge's decision. In doing so, the Court ruled that some collective bargaining agreements do require employees to pursue legal action under the Age Discrimination in Employment Act of
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Pyett's lawyers, in addition to arguing that a union could not legally bargain away an employee's right to pursue an ADEA claim in court, also argued that "the facts… Local32BJ… has not done so in this case." However, because these arguments had not been raised in the lower courts, the Supreme Court
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In August 2003, after receiving consent from the SEIU Local 32BJ, 14 Penn Plaza hired the unionized firm Spartan Security to provide licensed security guard services. Newly contracted security guards were assigned to the building where Pyett, O' Connell and Phillips worked, and Temco reassigned the
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Steven Pyett, Thomas O' Connell and Michael Phillips worked for Temco Service Industries, Inc., a maintenance service and cleaning contractor in New York City. Pyett and O'Connell were night watchmen and Phillips held a similar position as a night-starter at an office building owned by Pennsylvania
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A provision in a collective-bargaining agreement that clearly and unmistakably requires union members to arbitrate ADEA claims is enforceable as a matter of federal law. This CBA clearly and unmistakably requires respondents to arbitrate the age discrimination claims at issue in this appeal. United
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The complete list of organizations that signed onto the May 17, 2011 to the House Judiciary Committee in support of the Arbitration Fairness Act were: Alliance for Justice; American Association for Justice; American Association of University Women (AAUW); American Civil Liberties Union; American
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the way we have repeatedly explained it and has operated on the assumption that a CBA cannot waive employees' rights to a judicial forum to enforce antidiscrimination statutes." They continue, "Congress has had 30 years in which it could have corrected our decision … if it disagreed with it, and
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Finally, Justice Souter speculates that the majority opinion may have a limited effect because it "explicitly" leaves unanswered the question of whether or not "a CBA's waiver of judicial forum is enforceable when the union controls access to and presentation of employees' claims in arbitration."
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majority turned its attention to "respondents… series of arguments contending that the particular CBA at issue does not clearly and unmistakably require them to arbitrate their ADEA claims." These arguments centered around the collective bargaining agreement's provision that they gave the union,
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The second misconception was that arbitrators "competence… to decide legal issue," as well the "informality" and "fact finding process" of arbitration make it an unsuitable venue to decide people's legal rights. Justice Thomas added that "the informality of arbitration is one of the chief reasons
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In addition to signing onto Justice Souter's dissent, Justice John Paul Stevens authored an additional dissent. Justice Stevens criticized the majority for what he considered its "subversion of precedent." He expressed his opposition not only to the Court's "policy favoring arbitration" in the
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The third misconception that the Court's opinion sought to refute was regarding the real or potential conflict of interest between a union as a whole and the individual members that make up its bargaining unit. Nothing in the text of the ADEA, the majority wrote, would justify "singling out an
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On August 21, 2004, Pyett, O' Connell and Phillips sued SEIU Local 32BJ. Their lawsuit claimed that the union had breached its duty of fair representation when it withdrew their age discrimination grievance charges. The workers later dropped their lawsuit against the union after the arbitrator
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Arbitrator Earl Pfeffer held his initial hearing on the Pyett, O' Connell and Phillips grievances on February 2, 2004. A few weeks later, in a letter dated February 23, 2004, the union withdrew the charge of age discrimination from the grievances. Having previously agreed to the hiring of the
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A wide coalition of organizations including social justice, public interest, labor, consumer protection, civil rights, housing and homeowner, health care advocacy, legal advocacy and other community groups are supporting the passage of the Arbitration Fairness Act of 2011 S.987 and H.R.1873.
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In Justice Souter's dissent, he disputes what he refers to as the majority's "bald assertion that "othing in the law suggests a distinction between the status of arbitration agreements signed by an individual employee and those agreed to by a union representative." The "applicability of the
559:" ("Judicial dictum is an opinion by a court on a question that is not essential to its decision even though it may be directly involved.") as based on a "misconceived view of arbitration that this Court has since abandoned." The majority identified three such "misconceptions." 818:, urged the committee to end the "predatory practice of forcing non-union employees and consumers to sign away their rights to legal protections and access to the courts." The practice, they write, allows corporations to "shield themselves from accountability for wrongdoing." 343:"As the only building employees over the age of 50," Pyett, O' Connell and Phillips believed that their job reassignments to less desirable and less lucrative positions were the result of age discrimination and requested that their union file a grievance over the matter. 446:
The judge continued that "the District Court recognized… the distinction our Court has drawn between arbitration clauses in individual contracts… and arbitration clauses in s." The former, he wrote, was "governed by a line of Supreme Court cases represented by
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The letter also questions the impartiality of "arbitrators who rely on major corporations for repeat business" as well as the relative lack of oversight and "limit … procedural protections and remedies otherwise available to individuals in a court of law."
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denied both motions. In denying the motion to compel arbitration, Judge Buchwald cited a phrase that would later be used by the Supreme Court in their decision to reverse the Court of Appeals ruling. She cited that it was "binding… precedent that even a
336:. Their positions at Temco were covered under a collective bargaining agreement that their union Local 32BJ had signed with the Realty Advisory Board on Labor Relations (RAB). The RAB represented both Temco and 14 Penn Plaza in labor matters. 700:
Both parties had agreed that their arbitration agreement was silent on the issue of class actions. A panel of arbitrators decided that the customer could pursue class arbitration. Their decision was ultimately reversed by the Supreme Court.
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on the rights of unionized workers to sue their employer for age discrimination. In this 2009 decision, the Court decided that whenever a union contract "clearly and unmistakably" requires that all age discrimination claims under the
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majority followed with "This is not an "exceptional case," and added that this issue "was not fully briefed to this or any court." Consequently, the Court "hesitat to invalidate arbitration agreements on the basis of speculation."
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The first misconception it identified was that to "submit statutory discrimination claims to arbitration was tantamount to a waiver of those rights." Rather, they concluded, "it waives only the right to seek relief from a court."
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rather than individual bargaining unit members, complete control over whether, and for how long, to pursue a grievance. Therefore, "bsent any arbitration right, there is no… support a motion to compel arbitration."
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Quoting from the text of the ADEA, Justice Souter notes that "'Any person aggrieved' under the Act 'may bring a civil action in any court of competent jurisdiction for legal or equitable relief' 29 U.S.C. §6269(c)."
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The coalition of groups also oppose the "exorbitant filing fees, continuous fees for procedures such as motions and written findings, and "loser pays" rules in arbitration are prohibitive to many individuals."
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While the Court notes that it could still consider these arguments even though council for Pyett, O'Connell and Phillips had not raised them in the lower courts, it chose not to, citing a precedent set in
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On February 21, 2012, the Supreme Court overruled a Supreme Court of Appeals of West Virginia decision involving a state lawsuit brought by three families of nursing home patients in
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chose not to consider them and decided that the Collective Bargaining Agreement in this case did mandate that the employees' ADEA claims had to be resolved through arbitration.
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http://blumenthal.senate.gov/newsroom/press/release/sens-franken-blumenthal-rep-hank-johnson-announce-legislation-giving-consumers-more-power-in-the-courts-against-corporations
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in collective bargaining agreements are unenforceable to the extent that they waive the rights of covered workers to a judicial forum for federal statutory causes of action."
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rule" to this case, he writes, is "unquestionable" and that "nce we have construed a statute, stability is the rule and… here is no argument for abandoning precedent here."
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The Court concluded that the CBA at issue in this case "clearly and unmistakably requires respondents to arbitrate the age-discrimination claims at issue in this appeal."
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under section 16 of the Federal Arbitration Act. Their appeal again sought to compel the plaintiffs to resolve their claims of age discrimination through arbitration.
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Mandatory arbitration undermines the development of public law because there is inadequate transparency and inadequate judicial review of arbitrators' decisions.
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was decided correctly "on the narrow ground… that the collective bargaining agreement did not cover statutory claims." However, the majority strongly disputed
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era put rights up "for sale") and M Finkin, 'Workplace Justice: Does Private Judging Matter?' (2014) Zeitschrift fĂĽr Vergleichende Rechtswissenschaft 2/2014
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The bill's "findings" section states that:*Most consumers and employees have little or no meaningful choice whether to submit their claims to arbitration.
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decisions, but also in a series of decisions from 1981 to 2001. In these cases, he wrote, "my colleagues were making policy choices not made by Congress."
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The workers' age discrimination claims progressed through four stages spanning five years on its way to the Supreme Court. Here is a summary of that path.
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On April 27, 2010, the Supreme Court reversed a United States Court of Appeals for the Second Circuit decision regarding class action arbitration in
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In that decision, the Court stated that it would address arguments that had not been raised in the lower courts "only in exceptional cases." The
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The union filed grievances alleging that Pyett, O' Connell and Phillips' job reassignments had violated the collective bargaining agreement by:
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by concluding that its outcome hinged solely upon the scope, or specific language, of the collective bargaining agreement. "One need only read
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Justice Thomas, writing for the majority, now concluded that "nothing in the law suggests a distinction" between the two types of agreements.
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Bill Summary & Status 112th Congress (2011-2012), S.987 and H.R.1873. Searchable by bill numbers at The Library of Congress web site at
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Federation of Labor-Congress of Industrial Organizations (AFL-CIO); American Federation of State, County and Municipal Employees (AFSCME);
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1967 through arbitration rather than in court. The Court also ruled that the CBA in this case did require ADEA claims to be arbitrated.
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Arbitration can be an acceptable alternative when consent to the arbitration is truly voluntary, and occurs after the dispute arises.
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The bill would also bar the enforcement of mandatory arbitration clauses between corporations and consumers or non-union employees.
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http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_07_08_07_581_Respondent.authcheckdam.PDF
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http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_07_08_07_581_Respondent.authcheckdam.PDF
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has been heavily criticized in academic literature, and calls for its reversal through an Arbitration Fairness Act have been made.
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See E McGaughey, 'Fascism-Lite in America (or the social idea of Donald Trump)' (2018) British Journal of American Legal Studies
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Ewan McGaughey, 'Fascism-Lite in America (or the social idea of Donald Trump)' (2018) British Journal of American Legal Studies
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The companies filed a motion to dismiss the charges as well as a motion to compel arbitration under sections 3 and 4 of the
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Then, on September 23, 2004, the men filed a lawsuit against Pennsylvania Building Company,14 Penn Plaza, LLC and Temco in
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pointed out in his dissent, had consistently been observed by each of the U.S. Appeals Courts except the Fourth Circuit.
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upheld the District Court's decision to deny the companies' motion to compel arbitration. In his decision he wrote that
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licensed security guards, the union believed it could not "legitimately object to reassignments as discriminatory."
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After several hearings, the arbitrator rendered his opinion on August 10, 2005, denying the other grievance claims.
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On April 27, 2011, the Supreme Court reversed a United States Court of Appeals for the Ninth Circuit decision in
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that parties select" it, and that arbitration's "more streamlined" procedures did not render them "inadequate."
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The Supreme Court has since reversed several additional lower court rulings involving mandatory arbitration.
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Letter in Support of the Arbitration Fairness Act, H.R. 1020; Fair Arbitration Now blog maintained by
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union-negotiated waiver of a right to litigate certain… claims in a judicial forum is unenforceable."
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referred the bill to the Subcommittee on Courts, Commercial and Administrative Law on June 1, 2011.
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In a letter to the House Judiciary Committee dated May 17, 2011, 48 organizations, including the
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On May 26, 2004, Pyett, O' Connell and Phillips each filed age discrimination charges with the
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On June 1, 2006, Pennsylvania Building Company,14 Penn Plaza, LLC and Temco appealed to the
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http://www.fairarbitrationnow.org/content/letter-support-arbitration-fairness-act-hr-1020
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clause 40, "To no one will we sell, to no one will we refuse or delay, right or justice."
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Justice David Souter authored one of two dissenting opinions. He was joined by Justices
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negatively affecting each of the three worker's wages by rotating overtime inequitably.
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men to other positions in the same building as night porters and light duty cleaners.
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14 Penn Plaza v. Pyett, No. 07-581, Brief for the Respondents, Page 2, available at:
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In its decision, the Court flipped the Second Circuit's reasoning by rejecting the
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by not promoting either Pyett or O'Connell to an assistant mechanic position, and
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discriminating against Pyett, O' Connell and Phillips on account of their age,
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The Arbitration Fairness Act of 2011 was introduced in May 2011 by Senators
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The minority contends that "Congress itself has unsurprisingly understood
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The dissenting justices claim that the majority "misreads the case" of
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States District Court for the Southern District of New York reversed.
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rendered his decision on their remaining grievances in August 2005.
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held hearings on the Arbitration Fairness Act on October 13, 2011.
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authored the Court's opinion. He was joined in the majority by
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14 Penn Plaza LLC, et al., Petitioners v. Steven Pyett, et al.
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itself to know that it was not at all so narrowly reasoned."
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line of precedent and embracing that of its 1991 decision in
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and enforced by an "independent federal agency" called the
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No. 07-581, Brief for Respondents, Page 2, available at:
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Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.
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US District Court For the Southern District of New York
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US District Court For the Southern District of New York
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Service Employees International Union (SEIU) Local 32BJ
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United States Supreme Court cases of the Roberts Court
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Rodriguez de Quijas v. Shearson/American Express, Inc.
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https://www.supremecourt.gov/opinions/08pdf/07-581.pdf
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https://www.supremecourt.gov/opinions/08pdf/07-581.pdf
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https://www.supremecourt.gov/opinions/08pdf/07-581.pdf
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https://www.supremecourt.gov/opinions/08pdf/07-581.pdf
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to Provide Racial Justice Through Union Arbitration"
734: 704: 793: 252:Thomas, joined by Roberts, Scalia, Kennedy, Alito 1858:Service Employees International Union litigation 1824: 1556:Stolt-Nielsen v. Animalfeeds International Corp. 1190:Barrentine v. Arkansas-Best Freight System, Inc. 1136:http://www.nlrb.gov/national-labor-relations-act 698:Stolt-Nielsen v. Animalfeeds International Corp. 691:Stolt-Nielsen v. Animalfeeds International Corp. 126:Motion to dismiss or compel arbitration denied, 1153:"Who Are We," National Labor Relations Board, 1644:Arbitration Fairness Act, Section 402 (b) (2) 1558:, No. 08-1198, slip op. (U.S. April 27, 2010) 941:https://www.law.cornell.edu/supct/cert/07-581 1421: 1419: 1090: 1088: 1018:U.S. Equal Employment Opportunity Commission 1004:, No. 07-581,(4/1/09), page 3, available at 349: 307:Age Discrimination in Employment Act of 1967 1514:, 556 U.S. at 277 (Stevens, J. dissenting). 1502:, 556 U.S. at 275 (Stevens, J. dissenting). 279:Age Discrimination in Employment Act (ADEA) 260:Souter, joined by Stevens, Ginsburg, Breyer 1428:, 556 U.S. at 285 (Souter, J. dissenting). 1413:, 556 U.S. at 278 (Souter, J. dissenting). 1401:, 556 U.S. at 282 (Souter, J. dissenting). 1389:, 556 U.S. at 281 (Souter, J. dissenting). 1047: 1045: 430:US Court of Appeals for the Second Circuit 1653:Arbitration Fairness Act, Section 402 (a) 1416: 1134:NLRA 29 U.S.C. §§ 151-169, available at: 1085: 1062: 1060: 1022:http://www.eeoc.gov/employees/process.cfm 965: 963: 950: 948: 329:Building Company and 14 Penn Plaza, LLC. 316:Prior to the Supreme Court's decision in 1609:Marmet Health Care Center, Inc. v. Brown 423: 411:(FAA) . On May 31, 2006, District Judge 1810:Supreme Court (slip opinion) (archived) 1068:Gilmer v. Interstate/Johnson Lane Corp. 1042: 450:Gilmer v. Interstate/Johnson Lane Corp. 386:Equal Employment Opportunity Commission 380:Equal Employment Opportunity Commission 1825: 1057: 960: 945: 1722: 18:2009 United States Supreme Court case 1235:. Cornell Law School. August 6, 2007 1662:Arbitration Fairness Act, Section 2 1572:AT&T Mobility LLC v. Concepcion 1535:era made social rights void, a new 755:Representative Henry "Hank" Johnson 653: 598: 555:and its descendant cases', "broad 531:National Labor Relations Act (NLRA) 13: 1863:United States trade union case law 1843:United States arbitration case law 1476:Circuit City Stores, Inc. v. Adams 1033:Pyett v. Pennsylvania Building Co. 987:Pyett v. Pennsylvania Building Co. 729:Marmet Health Care Center v. Brown 722:Marmet Health Care Center v. Brown 36:Supreme Court of the United States 14: 1874: 1848:United States Supreme Court cases 1818:The Arbitration Fairness Act text 1778:247 (2009) is available from: 1760: 714:AT & T Mobility v. Concepcion 435:On August 1, 2007, Appeals Court 391: 741:Arbitration Fairness Act of 2011 735:Arbitration Fairness Act of 2011 547:majority opinion discerned that 29: 1698: 1684: 1665: 1656: 1647: 1638: 1626: 1601: 1589: 1549: 1517: 1505: 1493: 1431: 1404: 1392: 1380: 1365: 1353: 1338: 1313: 1301: 1289: 1247: 1221: 1178: 1166: 1147: 1128: 1113: 1096:Alexander v. Gardner-Denver Co. 1026: 1016:"The Charge Handling Process," 1010: 706:AT&T Mobility v. Concepcion 677: 456:Alexander v. Gardner-Denver Co. 1833:2009 in United States case law 1693:Americans for Financial Reform 1155:http://www.nlrb.gov/who-we-are 995: 930: 908: 896: 881: 858: 804:American Civil Liberties Union 794:Community support for the bill 788:The Senate Judiciary Committee 535:National Labor Relations Board 441:"mandatory arbitration clauses 1: 1716: 784:The House Judiciary Committee 527:Federal Arbitration Act (FAA) 134:June 1, 2006); reversed, 498 332:The men were members of the 296:, 556 U.S. 247 (2009), is a 283:National Labor Relations Act 7: 1233:Legal Information Institute 829: 462: 302:United States Supreme Court 10: 1879: 1801:Oyez (oral argument audio) 1768:14 Penn Plaza LLC v. Pyett 1723:Green, Michael Z. (2012). 937:14 Penn Plaza LLC v Pyett, 865:14 Penn Plaza LLC v. Pyett 758:or related public policy. 738: 646:has not chosen to do so." 476:Chief Justice John Roberts 293:14 Penn Plaza LLC v. Pyett 24:14 Penn Plaza LLC v. Pyett 350:Grievance and arbitration 277: 272: 264: 256: 248: 243: 177: 172: 166: 161: 122: 117: 107: 97: 69: 59: 49: 42: 28: 23: 852: 323: 1531:(arguing that like the 1205:McDonald v. West Branch 472:Justice Clarence Thomas 409:Federal Arbitration Act 298:United States labor law 43:Argued December 1, 2008 1673:http://thomas.loc.gov/ 1473:, 500 U.S. at 36; and 1372:14 Penn Plaza v. Pyett 1345:14 Penn Plaza v. Pyett 1120:14 Penn Plaza v. Pyett 1002:14 Penn Plaza v. Pyett 916:Pyett v. Pa. Bldg. Co. 888:14 Penn Plaza v. Pyett 418:clear and unmistakable 318:14 Penn Plaza v. Pyett 128:Pyett v. Pa. Bldg. Co. 1035:, 04 Civ. 7536 (NRB) 989:, 04 Civ. 7536 (NRB) 905:, 556 U.S. at 273-74. 424:U.S. Court of Appeals 88:129 S. Ct. 1456; 173 45:Decided April 1, 2009 585:Heckler v. Campbell. 517:. This distinction, 413:Naomi Reice Buchwald 300:case decided by the 285:, 29 U.S.C. § 159(a) 130:, 04-cv-7536 (NRB) ( 112:Opinion announcement 108:Opinion announcement 1738:Indiana Law Journal 1321:Heckler v. Campbell 1184:Cases decided upon 921:498 F.3d 88 609:Ruth Bader Ginsburg 437:Judge JosĂ© Cabranes 224:Ruth Bader Ginsburg 1678:1997-12-24 at the 1598:, 563 U.S. at 340. 1362:, 556 U.S. at 274. 1298:, 556 U.S. at 271. 1286:, 556 U.S. at 269. 1271:, 556 U.S. at 268. 1256:, 556 U.S. at 265. 1175:, 556 U.S. at 258. 1160:2012-05-05 at the 1141:2011-05-16 at the 972:, 556 U.S. at 253. 747:Richard Blumenthal 281:, 29 U.S.C. § 621 188:Associate Justices 1203: (1981); and 1054:, 498 F.3d at 92. 957:, 498 F.3d at 90. 939:(07-581), FACTS - 605:John Paul Stevens 289: 288: 1870: 1814: 1808: 1805: 1799: 1796: 1790: 1787: 1781: 1746: 1711: 1702: 1696: 1688: 1682: 1669: 1663: 1660: 1654: 1651: 1645: 1642: 1636: 1630: 1624: 1605: 1599: 1593: 1587: 1568: 1559: 1553: 1547: 1521: 1515: 1509: 1503: 1497: 1491: 1435: 1429: 1423: 1414: 1408: 1402: 1396: 1390: 1384: 1378: 1369: 1363: 1357: 1351: 1342: 1336: 1317: 1311: 1305: 1299: 1293: 1287: 1281: 1272: 1266: 1257: 1251: 1245: 1244: 1242: 1240: 1225: 1219: 1182: 1176: 1170: 1164: 1151: 1145: 1132: 1126: 1117: 1111: 1092: 1083: 1064: 1055: 1049: 1040: 1039:, emphasis added 1030: 1024: 1020:, available at: 1014: 1008: 999: 993: 984: 973: 967: 958: 952: 943: 934: 928: 918: 912: 906: 900: 894: 885: 879: 862: 846:Magna Carta 1215 654:Stevens' dissent 599:Souter's dissent 363:seniority rights 173:Court membership 157:1178 (2008). 33: 32: 21: 20: 1878: 1877: 1873: 1872: 1871: 1869: 1868: 1867: 1838:Ageism case law 1823: 1822: 1812: 1806: 1803: 1797: 1794: 1788: 1785: 1779: 1763: 1719: 1714: 1703: 1699: 1689: 1685: 1680:Wayback Machine 1670: 1666: 1661: 1657: 1652: 1648: 1643: 1639: 1631: 1627: 1606: 1602: 1594: 1590: 1569: 1562: 1554: 1550: 1522: 1518: 1510: 1506: 1498: 1494: 1436: 1432: 1424: 1417: 1409: 1405: 1397: 1393: 1385: 1381: 1370: 1366: 1358: 1354: 1343: 1339: 1318: 1314: 1306: 1302: 1294: 1290: 1282: 1275: 1267: 1260: 1252: 1248: 1238: 1236: 1227: 1226: 1222: 1183: 1179: 1171: 1167: 1162:Wayback Machine 1152: 1148: 1143:Wayback Machine 1133: 1129: 1118: 1114: 1093: 1086: 1065: 1058: 1050: 1043: 1031: 1027: 1015: 1011: 1000: 996: 985: 976: 968: 961: 953: 946: 935: 931: 914: 913: 909: 901: 897: 886: 882: 863: 859: 855: 841:US contract law 832: 808:Consumer Action 796: 743: 737: 725: 709: 694: 680: 656: 601: 484:Anthony Kennedy 478:, and Justices 465: 426: 394: 382: 352: 326: 226: 216:Clarence Thomas 214: 204:Anthony Kennedy 202: 192:John P. Stevens 93: 44: 38: 19: 12: 11: 5: 1876: 1866: 1865: 1860: 1855: 1850: 1845: 1840: 1835: 1821: 1820: 1815: 1783:Google Scholar 1762: 1761:External links 1759: 1758: 1757: 1747: 1718: 1715: 1713: 1712: 1706:Public Citizen 1697: 1683: 1664: 1655: 1646: 1637: 1625: 1600: 1588: 1560: 1548: 1516: 1504: 1492: 1430: 1415: 1403: 1391: 1379: 1364: 1352: 1337: 1312: 1300: 1288: 1273: 1258: 1246: 1220: 1186:Gardner-Denver 1177: 1165: 1146: 1127: 1112: 1084: 1056: 1041: 1025: 1009: 994: 974: 959: 944: 929: 907: 895: 880: 856: 854: 851: 850: 849: 843: 838: 831: 828: 795: 792: 781: 780: 779: 778: 777: 776: 773: 739:Main article: 736: 733: 724: 719: 708: 703: 693: 688: 679: 676: 672:Gardner-Denver 670:Writing about 655: 652: 643:Gardner-Denver 632:Gardner-Denver 628:Gardner-Denver 621:Gardner-Denver 613:Stephen Breyer 600: 597: 553:Gardner-Denver 549:Gardner-Denver 519:Justice Souter 511:Gardner-Denver 496:Gardner-Denver 480:Antonin Scalia 464: 461: 425: 422: 402:District Court 393: 392:District court 390: 381: 378: 370: 369: 366: 359: 351: 348: 325: 322: 287: 286: 275: 274: 270: 269: 266: 262: 261: 258: 254: 253: 250: 246: 245: 241: 240: 239: 238: 228:Stephen Breyer 200:Antonin Scalia 189: 186: 181: 175: 174: 170: 169: 164: 163: 159: 158: 124: 120: 119: 115: 114: 109: 105: 104: 99: 95: 94: 87: 71: 67: 66: 61: 57: 56: 51: 50:Full case name 47: 46: 40: 39: 34: 26: 25: 17: 9: 6: 4: 3: 2: 1875: 1864: 1861: 1859: 1856: 1854: 1851: 1849: 1846: 1844: 1841: 1839: 1836: 1834: 1831: 1830: 1828: 1819: 1816: 1811: 1802: 1793: 1784: 1777: 1773: 1769: 1765: 1764: 1756: 1752: 1748: 1745:(1): 367–420. 1744: 1740: 1739: 1734: 1732: 1728: 1721: 1720: 1710: 1707: 1701: 1694: 1687: 1681: 1677: 1674: 1668: 1659: 1650: 1641: 1635: 1629: 1622: 1619: 1615: 1611: 1610: 1604: 1597: 1592: 1585: 1582: 1578: 1574: 1573: 1567: 1565: 1557: 1552: 1546: 1542: 1538: 1534: 1530: 1526: 1520: 1513: 1512:14 Penn Plaza 1508: 1501: 1500:14 Penn Plaza 1496: 1489: 1486: 1482: 1478: 1477: 1472: 1469: (1989); 1468: 1465: 1461: 1457: 1454: (1985); 1453: 1450: 1446: 1442: 1441: 1434: 1427: 1426:14 Penn Plaza 1422: 1420: 1412: 1411:14 Penn Plaza 1407: 1400: 1399:14 Penn Plaza 1395: 1388: 1387:14 Penn Plaza 1383: 1377: 1373: 1368: 1361: 1360:14 Penn Plaza 1356: 1350: 1346: 1341: 1334: 1331: 1327: 1323: 1322: 1316: 1310: 1304: 1297: 1296:14 Penn Plaza 1292: 1285: 1284:14 Penn Plaza 1280: 1278: 1270: 1269:14 Penn Plaza 1265: 1263: 1255: 1254:14 Penn Plaza 1250: 1234: 1230: 1224: 1217: 1214: 1210: 1206: 1202: 1199: 1195: 1191: 1187: 1181: 1174: 1173:14 Penn Plaza 1169: 1163: 1159: 1156: 1150: 1144: 1140: 1137: 1131: 1125: 1121: 1116: 1109: 1106: 1102: 1098: 1097: 1091: 1089: 1081: 1078: 1074: 1070: 1069: 1063: 1061: 1053: 1048: 1046: 1038: 1034: 1029: 1023: 1019: 1013: 1007: 1003: 998: 992: 988: 983: 981: 979: 971: 970:14 Penn Plaza 966: 964: 956: 951: 949: 942: 938: 933: 926: 922: 917: 911: 904: 903:14 Penn Plaza 899: 893: 889: 884: 877: 874: 870: 866: 861: 857: 847: 844: 842: 839: 837: 834: 833: 827: 823: 819: 817: 813: 809: 805: 800: 791: 789: 785: 774: 771: 770: 769: 768: 767: 766: 765: 762: 759: 756: 752: 748: 742: 732: 730: 723: 718: 716: 715: 707: 702: 699: 692: 687: 685: 684:14 Penn Plaza 675: 673: 668: 666: 662: 661:14 Penn Plaza 651: 647: 644: 639: 635: 633: 629: 624: 622: 616: 614: 610: 606: 596: 593: 590: 589:14 Penn Plaza 586: 580: 577: 576:14 Penn Plaza 572: 568: 564: 560: 558: 554: 550: 546: 545:14 Penn Plaza 541: 538: 536: 532: 528: 522: 520: 516: 515:14 Penn Plaza 512: 508: 504: 503: 498: 497: 491: 489: 485: 481: 477: 473: 469: 460: 458: 457: 452: 451: 444: 442: 438: 433: 431: 421: 419: 414: 410: 405: 403: 398: 389: 387: 377: 374: 367: 364: 360: 357: 356: 355: 347: 344: 341: 337: 335: 330: 321: 319: 314: 310: 308: 303: 299: 295: 294: 284: 280: 276: 271: 267: 263: 259: 255: 251: 247: 244:Case opinions 242: 237: 233: 229: 225: 221: 217: 213: 209: 205: 201: 197: 193: 190: 187: 185: 182: 180:Chief Justice 179: 178: 176: 171: 165: 160: 156: 152: 148: 144: 140: 137: 133: 129: 125: 121: 116: 113: 110: 106: 103: 102:Oral argument 100: 96: 91: 85: 84: 79: 76: 72: 68: 65: 62: 58: 55: 52: 48: 41: 37: 27: 22: 16: 1767: 1742: 1736: 1730: 1726: 1700: 1686: 1667: 1658: 1649: 1640: 1628: 1623: (2012). 1607: 1603: 1595: 1591: 1586: (2011). 1570: 1555: 1551: 1536: 1532: 1519: 1511: 1507: 1499: 1495: 1490: (2001). 1474: 1470: 1455: 1438: 1433: 1425: 1410: 1406: 1398: 1394: 1386: 1382: 1371: 1367: 1359: 1355: 1344: 1340: 1335: (1983). 1319: 1315: 1303: 1295: 1291: 1283: 1268: 1253: 1249: 1237:. Retrieved 1232: 1223: 1218: (1984). 1204: 1189: 1185: 1180: 1172: 1168: 1149: 1130: 1119: 1115: 1110: (1974). 1094: 1082: (1991). 1066: 1051: 1032: 1028: 1012: 1001: 997: 986: 969: 954: 936: 932: 915: 910: 902: 898: 887: 883: 878: (2009). 864: 860: 836:US labor law 824: 820: 801: 797: 782: 763: 760: 744: 728: 726: 721: 712: 710: 705: 697: 695: 690: 683: 681: 678:Significance 671: 669: 664: 660: 657: 648: 642: 640: 636: 631: 627: 625: 620: 617: 602: 594: 588: 584: 581: 575: 574:Lastly, the 573: 569: 565: 561: 552: 548: 544: 542: 539: 523: 514: 510: 506: 501: 495: 492: 488:Samuel Alito 470: 466: 454: 448: 445: 434: 427: 417: 406: 399: 395: 383: 375: 371: 353: 345: 342: 338: 331: 327: 317: 315: 311: 292: 291: 290: 273:Laws applied 236:Samuel Alito 231: 219: 212:David Souter 207: 195: 184:John Roberts 127: 118:Case history 81: 53: 15: 927: 2007). 361:neglecting 149:. granted, 1827:Categories 1717:References 1596:Concepcion 1537:Concepcion 1239:January 9, 923:, 90 ( 751:Al Franken 60:Docket no. 1725:"Reading 1333:458, n.12 1188:include: 90:L. Ed. 2d 70:Citations 1766:Text of 1676:Archived 1488:105, 124 1467:477, 486 1452:614, 640 1158:Archived 1139:Archived 830:See also 814:and the 749:(D-CT), 537:(NLRB). 463:Judgment 249:Majority 132:S.D.N.Y. 98:Argument 1755:2773217 1545:2425717 1533:Lochner 1529:2773217 925:2d Cir. 812:AFL–CIO 268:Stevens 265:Dissent 257:Dissent 162:Holding 145:2007); 143:2d Cir. 1813:  1807:  1804:  1798:  1795:  1792:Justia 1789:  1786:  1780:  1753:  1612:, 1575:, 1543:  1527:  1479:, 1471:Gilmer 1458:, 1443:, 1324:, 1207:, 1192:, 1099:, 1071:, 919:, 867:, 810:, the 665:Gilmer 507:Gilmer 502:Gilmer 486:, and 234: 232:· 230:  222: 220:· 218:  210: 208:· 206:  198: 196:· 194:  64:07-581 1774: 1731:Pyett 1727:Ricci 1616: 1579: 1483: 1462: 1447: 1328: 1229:"Wex" 1211: 1196: 1103: 1075: 1052:Pyett 955:Pyett 871: 853:Notes 816:NAACP 557:dicta 324:Facts 153: 123:Prior 1776:U.S. 1751:SSRN 1729:and 1618:U.S. 1581:U.S. 1541:SSRN 1525:SSRN 1485:U.S. 1464:U.S. 1449:U.S. 1437:See 1330:U.S. 1241:2018 1213:U.S. 1198:U.S. 1105:U.S. 1077:U.S. 873:U.S. 663:and 611:and 543:The 513:and 155:U.S. 147:cert 136:F.3d 83:more 75:U.S. 73:556 1772:556 1621:530 1614:565 1584:333 1577:563 1481:532 1460:490 1445:473 1326:461 1216:284 1209:466 1201:728 1194:450 1101:415 1073:500 876:247 869:556 151:552 92:398 78:247 1829:: 1770:, 1743:87 1741:. 1735:. 1563:^ 1418:^ 1276:^ 1261:^ 1231:. 1108:36 1087:^ 1080:20 1059:^ 1044:^ 977:^ 962:^ 947:^ 806:, 615:. 607:, 490:. 482:, 459:" 139:88 1243:. 141:( 86:) 80:(

Index

Supreme Court of the United States
07-581
U.S.
247
more
L. Ed. 2d
Oral argument
Opinion announcement
S.D.N.Y.
F.3d
88
2d Cir.
cert
552
U.S.
John Roberts
John P. Stevens
Antonin Scalia
Anthony Kennedy
David Souter
Clarence Thomas
Ruth Bader Ginsburg
Stephen Breyer
Samuel Alito
Age Discrimination in Employment Act (ADEA)
National Labor Relations Act
United States labor law
United States Supreme Court
Age Discrimination in Employment Act of 1967
Service Employees International Union (SEIU) Local 32BJ

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