SCOTUScast 6-15-09 featuring Samuel Estreicher

On Wednesday, April 1, the Supreme Court announced its decision in 14 Penn Plaza LLC v. Pyett. In this case, the Supreme Court considered whether an arbitration clause in a union-negotiated collective bargaining agreement clearly waiving an employee’s right to a judicial forum for statutory discrimination claims is enforceable. In a 5-4 decision delivered by Justice Thomas, the Court held that such a provision clearly and unmistakably requiring a union member to arbitrate his statutory discrimination claims is enforceable as a matter of federal law, thus reversing the Second Circuit decision below. NYU Law Professor Samuel Estreicher discusses the decision.

 

 

 

Oral Argument - December 1, 2008:
http://www.supremecourtus.gov/oral_arguments/argument_transcripts/07-581.pdf

 

 

 

 

Decision - April 1, 2009:
http://www.supremecourtus.gov/opinions/08pdf/07-581.pdf

 

 

 

 

 

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