Legal Alert: Supreme Court Finds CBA Requires Arbitration of ADEA Claims


The U.S. Supreme Court has held that an arbitration provision in a collective bargaining agreement (CBA), which clearly and unmistakably requires union members to arbitrate Age Discrimination in Employment Act (ADEA) claims, is enforceable as a matter of federal law. See 14 Penn Plaza LLC v. Pyett (April 1, 2009). The Court's 5 to 4 decision reiterates its prior holding in Gilmer v. Interstate/Johnson Lane Corp. that nothing in the ADEA precludes arbitration of age discrimination claims.

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