[Dis-Res] FW: ACR Workplace Section Alert: April 2009

Wed Apr 15 14:19:20 PDT 2009

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ROBERT A. MERRING

Attorney at Law,

Arbitrator and Mediator 

3489 Windsor Court

Costa Mesa, California 92626

Telephone: (714) 444-9922

Facsimile:  (714) 444-9944

Internet: rmerring at merringlaw.com

From: Association for Conflict Resolution [mailto:sections at ACRnet.org] 
Sent: Wednesday, April 15, 2009 1:39 PM
To: rmerring at merringlaw.com
Subject: ACR Workplace Section Alert: April 2009

 ACR Email Header <http://acrnet.org/images/ACR%20logo.gif> 

ACR WORKPLACE ALERT

On April 1, 2009 the U.S. Supreme Court in a 5 to 4 decision in 14 Penn
Plaza LLC v. Pyett held that a union can waive its members' right to sue for
violation of the ADEA and require that they arbitrate their claims. The key
factor in reaching this result is a "clear and unmistakable waiver". It may
also have helped that the individual employee was apparently able to proceed
even if the union declined to do so. The logic of the opinion would cover
any claim of discrimination.

As it is rare for mediation issues to reach the national level, you may want
to sign up for a free newsletter from Willamette University College of Law
at dis-res at willamette.edu which does report mediation-related cases
nationwide.

ACR Disclaimer:

This announcement is designed to provide accurate and authoritative
information in regard to the subject matters covered. It is provided with
the understanding that the publisher is not engaged in rendering legal,
accounting, or other professional service. If legal advice or other expert
assistance is required, the service of a competent professional person
should be sought.

  _____  

Association for Conflict Resolution | 5151 Wisconsin Avenue, NW, Suite 500 |
Washington, DC 20016
Telephone: 202.464.9700 | fax: 202.464.9720 | e-mail: membership at ACRnet.org

C 2009 by the Association for Conflict Resolution

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