Alternative Dispute Resolution
The field of ADR is in constant flux. During this Survey period, arbitration witnessed several important developments. The United StatesSupreme Court decided three cases, a prolific number when compared to recent years. In a long-awaited decision, 14 Penn Plaza v. Pyett, the Supreme Court revisited the question of whether statutory claims arising under a collective bargaining agreement may be arbitrated if subject to a union-negotiated waiver which is clear and unmistakable. The decision tested the sustainability of Textile Workers Union of America v. Lincoln Mills of Alabama, a case in which the Supreme Court held that section 301(a) of the Labor Management Relations Act of 1947 (LMRA) is more than jurisdictional, it authorizes federal courts to fashion a body of federal law to enforce collective bargaining agreements, including promises to arbitrate under such agreements. In 14 Penn Plaza, however, the Supreme Court used the Federal Arbitration Act (FAA), not the LMRA, to decide the fundamental issue of collective waiver. According to some commentators, the Supreme Court‘s decision to rely on the FAA, an Act historically construed to exclude collective bargaining agreements, may signal the court‘s willingness to unify arbitral jurisprudence and bring labor law under the umbrella of the more predictable statutory framework of the FAA. Read More …