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The U.S. Supreme Court on Monday declined to take up the question of whether it falls to courts or arbitrators to decide if a dispute should be arbitrated, dealing a fatal blow to a lawsuit alleging Domino's Pizza suppresses wages with no-poach provisions in franchise agreements.
A former Domino's Pizza worker has urged the U.S. Supreme Court to take on his case over who decides whether a dispute must be arbitrated, a court or an arbitrator, saying unanimous courts of appeals lack analysis in their opinions and run contrary to high court precedents.
Domino's is asking the U.S. Supreme Court not to pick up an appeal lodged by workers who are trying to keep their fight over the pizza chain's no-poach policies out of arbitration, telling the justices that all the precedent leans in its favor.
Domino's workers say virtually all employee contract disputes will end up being sent to arbitration if the U.S. Supreme Court doesn't step in and topple the "house of cards" built by the nation's federal circuit courts on the subject.