A 'Sea Change' for Collective Bargaining as the U.S. Supreme Court Permits Unions to Agree to Arbitration for Discrimination Claims

摘要

The U.S. Supreme Court has departed from a number of its earlier decisions by holding that a collective bargaining agreement provision requiring arbitration of claims arising under federal anti-discrimination laws is enforceable.rnSome might say that the Court overruled its earlier decisions in derogation of stare decisis last month when it decided 14 Penn Plaza LLC v. Pyett, 07-581 (April 1, 2009) (available at www.supremecourtus. gov/opinions/08pdf/07-5 81.pdf). The decision holds that an employee asserting discrimination claims in court may be compelled to arbitrate them under Sections 3 and 4 of the Federal Arbitration Act, 9 U.S.C. 1, et seq.