Labor Arbitration of Discrimination Claims after 14 Penn Plaza v. Pyett: Letting Discrimination Defendants Decide Whether Plaintiff May Sue Them

Posted: 24 Oct 2009 Last revised: 7 Dec 2009

See all articles by Alan Hyde

Alan Hyde

Rutgers University - School of Law

Date Written: October 23, 2009

Abstract

The Supreme Court has held that a collective bargaining agreement may waive individual employees’ right to sue over discrimination, forcing them instead into labor arbitration. The decision will now lead to a lengthy future chain of cases to determine whether all employee legal claims may be stripped by collective agreements and sent to arbitration, or only some of them; whether particular language in collective bargaining agreements will be needed to strip employees of statutory rights, or not; which demands (if any) to waive claims will constitute demands for individual bargaining, hence bargaining in bad faith; whether all dispute resolution institutions might substitute for arbitration, or only some of them; whether standards for fair representation need to be revised if unions are representing employee statutory claims, or not; and whether the role of courts reviewing arbitration awards changes when these deal with employees’ statutory rights, or not. This Article discusses these issues.

Keywords: labor law, employment law, discrimination, arbitration, dispute resolution

JEL Classification: K00

Suggested Citation

Hyde, Alan Stuart, Labor Arbitration of Discrimination Claims after 14 Penn Plaza v. Pyett: Letting Discrimination Defendants Decide Whether Plaintiff May Sue Them (October 23, 2009). Ohio State Journal on Dispute Resolution, Forthcoming, Rutgers School of Law-Newark Research Papers No. 055, Available at SSRN: https://ssrn.com/abstract=1493394

Alan Stuart Hyde (Contact Author)

Rutgers University - School of Law ( email )

Newark, NJ
United States
973-353-3163 (Phone)
973-353-1445 (Fax)

HOME PAGE: http://andromeda.rutgers.edu/~hyde

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