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
524:
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
467:
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
312:
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
339:
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
328:
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
167:
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
1690:
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
645:
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
649:
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."
578:
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,
566:
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
658:
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
570:
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
396:
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
372:
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
798:
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.
618:
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
821:
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."
415:
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.
304:
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
591:
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."
562:
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."
579:
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."
637:
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)."
1633:
825:
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."
582:
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
1036:
990:
727:
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
401:
1632:"Sens. Franken, Blumenthal, Rep. Hank Johnson Announce Legislation Giving Consumers More Power in the Courts against Corporations," Press Release from Wednesday, April 27, 2011,
1852:
313:
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.
1634:
http://blumenthal.senate.gov/newsroom/press/release/sens-franken-blumenthal-rep-hank-johnson-announce-legislation-giving-consumers-more-power-in-the-courts-against-corporations
443:
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."
623:
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."
595:
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."
432:
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.
1308:
891:
1857:
1439:
772:
Mandatory arbitration undermines the development of public law because there is inadequate transparency and inadequate judicial review of arbitrators' decisions.
551:
was decided correctly "on the narrow ground… that the collective bargaining agreement did not cover statutory claims." However, the majority strongly disputed
1771:
1613:
1576:
1539:
era put rights up "for sale") and M Finkin, 'Workplace Justice: Does Private Judging Matter?' (2014) Zeitschrift fĂĽr Vergleichende Rechtswissenschaft 2/2014
1480:
1459:
1444:
1325:
1208:
1193:
1100:
1072:
868:
429:
150:
82:
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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.
667:
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."
346:
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.
505:. In doing so, the Court eliminated the widely held legal distinction between mandatory arbitration agreements, like the one that had been upheld in
696:
On April 27, 2010, the Supreme Court reversed a United States Court of Appeals for the Second Circuit decision regarding class action arbitration in
587:
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
787:
354:
The union filed grievances alleging that Pyett, O' Connell and Phillips' job reassignments had violated the collective bargaining agreement by:
783:
630:
by concluding that its outcome hinged solely upon the scope, or specific language, of the collective bargaining agreement. "One need only read
540:
Justice Thomas, writing for the majority, now concluded that "nothing in the law suggests a distinction" between the two types of agreements.
1671:
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
1691:
Federation of Labor-Congress of Industrial Organizations (AFL-CIO); American Federation of State, County and Municipal Employees (AFSCME);
306:
278:
1862:
1842:
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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.
1847:
775:
Arbitration can be an acceptable alternative when consent to the arbitration is truly voluntary, and occurs after the dispute arises.
761:
The bill would also bar the enforcement of mandatory arbitration clauses between corporations and consumers or non-union employees.
1608:
1309:
http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_07_08_07_581_Respondent.authcheckdam.PDF
892:
http://www.americanbar.org/content/dam/aba/publishing/preview/publiced_preview_briefs_pdfs_07_08_07_581_Respondent.authcheckdam.PDF
686:
has been heavily criticized in academic literature, and calls for its reversal through an Arbitration Fairness Act have been made.
1832:
1523:
See E McGaughey, 'Fascism-Lite in America (or the social idea of Donald Trump)' (2018) British Journal of American Legal Studies
1067:
1017:
500:
449:
1749:
Ewan McGaughey, 'Fascism-Lite in America (or the social idea of Donald Trump)' (2018) British Journal of American Legal Studies
1138:
1708:
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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
400:
Then, on September 23, 2004, the men filed a lawsuit against Pennsylvania Building Company,14 Penn Plaza, LLC and Temco in
1817:
521:
pointed out in his dissent, had consistently been observed by each of the U.S. Appeals Courts except the Fourth Circuit.
439:
upheld the District Court's decision to deny the companies' motion to compel arbitration. In his decision he wrote that
309:(ADEA) be decided through arbitration, then employees subject to that contract cannot have those claims heard in court.
1809:
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1475:
301:
35:
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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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713:
404:. The lawsuit charged that their job reassignments were in violation of the Age Discrimination in Employment Act.
1095:
711:
On April 27, 2011, the Supreme Court reversed a United States Court of Appeals for the Ninth Circuit decision in
494:
455:
674:, he concluded with "n the absence of an intervening amendment" from Congress, we are "bound by that decision."
567:
that parties select" it, and that arbitration's "more streamlined" procedures did not render them "inadequate."
1692:
803:
753:(D-MN) and 11 Senate co-sponsors. A companion bill was introduced in the House of Representatives H.R. 1873 by
534:
682:
The Supreme Court has since reversed several additional lower court rulings involving mandatory arbitration.
530:
1157:
1704:
Letter in Support of the Arbitration Fairness Act, H.R. 1020; Fair Arbitration Now blog maintained by
420:
union-negotiated waiver of a right to litigate certain… claims in a judicial forum is unenforceable."
1782:
1675:
786:
referred the bill to the Subcommittee on Courts, Commercial and Administrative Law on June 1, 2011.
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101:
802:
In a letter to the House Judiciary Committee dated May 17, 2011, 48 organizations, including the
526:
297:
529:. Union contracts, on the other hand, are governed by a different law passed in 1935 called the
384:
On May 26, 2004, Pyett, O' Connell and Phillips each filed age discrimination charges with the
1775:
1617:
1580:
1484:
1463:
1448:
1347:, No. 07-581, slip opinion (U.S. April 1, 2009), Opinion of the Court, Page 24, available at
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1212:
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1122:, No. 07-581 slip opinion (U.S. April 1, 2009), Souter, J., dissenting, Page 5, available at
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872:
154:
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On June 1, 2006, Pennsylvania Building Company,14 Penn Plaza, LLC and Temco appealed to the
1487:
1466:
1451:
412:
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8:
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1709:
http://www.fairarbitrationnow.org/content/letter-support-arbitration-fairness-act-hr-1020
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1320:
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1005:
848:
clause 40, "To no one will we sell, to no one will we refuse or delay, right or justice."
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111:
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Justice David Souter authored one of two dissenting opinions. He was joined by Justices
436:
1791:
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1583:
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1200:
875:
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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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63:
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1307:
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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1374:, No. 07-581, slip opinion (U.S. April 1, 2009), Syllabus, Page 2, available at
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discriminating against Pyett, O' Connell and Phillips on account of their age,
1826:
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1021:
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The Arbitration Fairness Act of 2011 was introduced in May 2011 by Senators
453:." The later was governed "by a line of Supreme Court cases represented by
835:
754:
487:
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235:
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183:
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The minority contends that "Congress itself has unsurprisingly understood
1800:
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750:
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The dissenting justices claim that the majority "misreads the case" of
509:, and collective bargaining agreements, like the ones at issue in both
146:
362:
168:
States District Court for the Southern District of New York reversed.
89:
1754:
1544:
1528:
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rendered his decision on their remaining grievances in August 2005.
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980:
978:
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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
30:
54:
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
385:
333:
282:
1705:
379:
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1274:
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No. 07-581, Brief for Respondents, Page 2, available at:
408:
1440:
Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.
1037:
US District Court For the Southern District of New York
991:
US District Court For the Southern District of New York
334:
Service Employees International Union (SEIU) Local 32BJ
1853:
United States Supreme Court cases of the Roberts Court
1456:
Rodriguez de Quijas v. Shearson/American Express, Inc.
1376:
https://www.supremecourt.gov/opinions/08pdf/07-581.pdf
1349:
https://www.supremecourt.gov/opinions/08pdf/07-581.pdf
1124:
https://www.supremecourt.gov/opinions/08pdf/07-581.pdf
1006:
https://www.supremecourt.gov/opinions/08pdf/07-581.pdf
720:
1733:
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:
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1665:
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1647:
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1601:
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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
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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 José 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:
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1111:
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1039:, emphasis added
1030:
1024:
1020:, available at:
1014:
1008:
999:
993:
984:
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958:
952:
943:
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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:
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1680:Wayback Machine
1670:
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1162:Wayback Machine
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968:
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953:
946:
935:
931:
914:
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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:
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1866:
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1815:
1783:Google Scholar
1762:
1761:External links
1759:
1758:
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1706:Public Citizen
1697:
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1186:Gardner-Denver
1177:
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776:
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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
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228:Stephen Breyer
200:Antonin Scalia
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50:Full case name
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17:
9:
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3:
2:
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1748:
1745:(1): 367–420.
1744:
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1734:
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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:
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1411:14 Penn Plaza
1407:
1400:
1399:14 Penn Plaza
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1387:14 Penn Plaza
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1360:14 Penn Plaza
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1296:14 Penn Plaza
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1284:14 Penn Plaza
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1269:14 Penn Plaza
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1254:14 Penn Plaza
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1234:
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1187:
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1173:14 Penn Plaza
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1023:
1019:
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1007:
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983:
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971:
970:14 Penn Plaza
966:
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904:
903:14 Penn Plaza
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748:
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732:
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718:
716:
715:
707:
702:
699:
692:
687:
685:
684:14 Penn Plaza
675:
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668:
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661:14 Penn Plaza
651:
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589:14 Penn Plaza
586:
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576:14 Penn Plaza
572:
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558:
554:
550:
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545:14 Penn Plaza
541:
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536:
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528:
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515:14 Penn Plaza
512:
508:
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503:
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485:
481:
477:
473:
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460:
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451:
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442:
438:
433:
431:
421:
419:
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410:
405:
403:
398:
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308:
303:
299:
295:
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271:
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255:
251:
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244:Case opinions
242:
237:
233:
229:
225:
221:
217:
213:
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205:
201:
197:
193:
190:
187:
185:
182:
180:Chief Justice
179:
178:
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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:(
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