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An assessment of the Pyett decision, in which the Supreme Court validated CBA compulsory arbitration of bargaining unit members’ federal statutory claims. Attorney Barnard examines the CBA language relied upon by the Court; the criteria that the Court set for a CBA waiver of the right to litigate a statutory claim; the ways in which …

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Ms. Gelernter questions whether the Court has conflated the public policy purpose of labor arbitration – achieving industrial peace – with the goal of commercial arbitration – the parties’ freedom to choose how they will resolve their contractual disputes. Ms. Gelernter furnishes a critical assessment of historical and recent court rulings and posits that Pyett …

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Attorney Kramer proposes that the Pyett-style arbitration clause is unlikely to become commonplace. He examines the Court’s reliance on LMRA Section 301 that preceded the Trilogy and later decisions that remain influential, including decision that endorse the enforcement of statutes through arbitration. He asserts that arbitrators possess the competence to interpret statutory claims.

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