Tag Archives: ALTERNATIVE DISPUTE RESOLUTION

A COLLECTIVE-BARGAINING AGREEMENT, WHICH CLEARLY AND UNMISTAKABLY REQUIRES UNION MEMBERS TO ARBITRATE ADEA CLAIMS, IS ENFORCEABLE AS A MATTER OF FEDERAL LAW: 14 PENN PLAZA LLC V. PYETT.

BY BRIAN LUCOT

In 14 Penn Plaza v. Pyett, the United States Supreme Court concluded that a collective-bargaining agreement that expressly states that Age Discrimination in Employment Act (“ADEA”) claims are subject to arbitration is enforceable as a matter of federal law. This note will give a detailed summary as to the facts, procedural history, and the Supreme Court’s analysis. Secondly, this note will address two dissenting opinions and the relevant history related to labor union contracts and compulsory arbitration.
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Filed under Volume 12-2

Courts May Vacate Grievance Arbitration Awards When Contrary to Public Policy…

BY AMIE THOMPSON

The Pennsylvania Supreme Court held that under the Public Employe Relations Act (PERA), the essence test is applicable to judicial review of grievance arbitration awards and is no longer subject to the core functions exception, but is now subject to a new public policy exception.
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Filed under Volume 11-1