Supreme Court Without a Clue: 14 Penn Plaza LLC v. Pyett and the System of Collective Action and Collective Bargaining Established by the National Labor Relations Act
By Kenneth M. Casebeer, February 8, 2012
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This article argues that the Supreme Court’s decision in Penn Plaza has remade the collective-bargaining system in the United States by enforcing an express contractual duty to arbitrate union members’ federal statutory individual rights. The paper specifically contends that the Court individualized the interpretation and enforcement of collective-bargaining agreement to the detriment of employers and employees, as nothing will now prevent the arbitration of all federal remedial statutes at issue between employers and employees.
