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Description: In a pathbreaking 5-4 decision, the Supreme Court held that a collective bargaining agreement (CBA) provision clearly and unmistakably requiring union members to arbitrate Age Discrimination in Employment Act (ADEA) claims is enforceable. In an opinion written by Justice Thomas, the Court found that the National Labor Relations Act (?NLRA?) provided the union and the employer with the statutory authority to collectively bargain for arbitration of employment discrimination claims. The Court expressed confidence that the substantive statutory rights conveyed by the ADEA i.e., the right to be free from workplace discrimination ? could be vindicated in arbitration as well as in court. The dissent asserted that the majority opinion may have little effect, for it explicitly reserves the question whether a CBA's waiver of a judicial forum is enforceable when the union controls access to and presentation of employees claims in arbitration.
Our panel of experts, including attorney writers from the renowned Bales SCOTUSblog, will address:
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How does the decision impact employers? Unions?
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What questions are left unanswered by Pyett?
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How big of an event is this decision on the labor/employment landscape?
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Will there be a legislative response to the decision, and if so, what form will it take?
 | | Practice Areas: | | Alternative Dispute Resolution, Employment Law, Labor Law, Litigation & Appeals | | | Online Media Type: | | Audio | | | Production Date: | | 04/28/2009 12:30 PM EDT | | | Level: | | Intermediate | | | Category: | | Standard | | | Duration: | | 1 Hours, 30 Minutes | | | Online Format: | | Live | | | Course Type: | | Public |
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| | • | Rick Bales - Professor of Law and Associate Dean of Faculty Development, Northern Kentucky University, Salmon P. Chase School of Law
| | • | Thomas C. Goldstein, Esq. - Partner, Co-head of the firmwide litigation and Supreme Court practices, Akin Gump Strauss Hauer & Feld LLP | | • | Richard J. Rabin - Partner, Akin Gump Strauss Hauer & Feld LLP |
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