ALI-ABA National Teleseminar: 14 Penn Plaza v Pyett

The issue in Pyett not resolved: What is the result when the union controls access?

  • Will employers and unions now have to decide if they want to include individual employment claims in their collective bargaining agreements?
  • What is the practical effect of Pyett in unionized work forces?
  • Is the holding in Vaden v. Discover Bank (No. 07-773; decided March /09/2009) a small victory for plaintiffs, allowing them in some circumstances to force the arbitration dispute into state court?
  • Will labor arbitrations include more individual employment discrimination/harassment/retaliation claims?
  • Will they start resembling the litigation-like employment arbitration proceedings handled by arbitration service providers (AAA, JAMS, etc.), with all the costs and delays that arbitration was supposed to avoid?
  • What impact will 14 Penn Plaza v. Pyett have on the congressional debate over the proposed Arbitration Fairness Act?
  • What are the trends regarding agreements for mandatory arbitration of employment disputes?
  • What other arbitration issues of importance will the Supreme Court decide this term?