Anomalous Decisions On Private Arbitration

Law360, New York (January 20, 2009, 12:00 AM EST) -- In taking the case of 14 Penn Plaza LLC v. Steven Pyett and Others, Case No. 07 581 for review, the Supreme Court has determined to revisit again the place of arbitration in the employment galaxy.

While the case promises to address the question of whether a union can commit its individual members to arbitration of statutory claim through collective bargaining, examination of the briefs and the text of oral argument indicates that the case will leave in place a contradiction between the court’s approach in...
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