Morgan Lewis

U.S. Supreme Court Rules 5-4 that Union-Represented Employees Can be Forced to Arbitrate Statutory Employment Discrimination Claims

Published on: 04/03/2009
By Labor and Employment Practice

On April 1, in 14 Penn Plaza LLC v. Pyett, No. 07-581, the U.S. Supreme Court upheld the enforceability of provisions contained in collective bargaining agreements (CBAs) mandating the arbitration of statutory claims, including claims based on employment discrimination. This decision is an important victory for the collective bargaining process, and gives both employers and unions a roadmap for how to preclude lawsuits and instead make labor arbitration the exclusive remedy for such claims.

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