Supreme Court’s Decision on Arbitration of Statutory Discrimination Claims Under Collective Bargaining Agreement Will Have Little Real World Effect
I had the honor of being asked to comment on the Supreme Court’s decision in 14 Penn Plaza LLC v. Pyett, for the Jurist.
I started with these thoughts:
In the academic world, this case will be a law professor’s pleasure and a law student’s nightmare. It presents interesting conflicting precedents and policies. …
It would be fun to micro-analyze all the threads of argument and reread all the cited cases and think for hours about who was really right and about what points, who was more intellectually dishonest and about what points, etc. Heck, it’d be fun to do that for every labor and employment Supreme Court case that comes out. But I’m a practicing lawyer and haven’t the time. …
What I tend to do is read a new decision very quickly and then think more broadly about what its impact will be in the everyday world — how it will affect the actions of employers, employees, unions, their attorneys, and trial court judges. …
My guess is that this one will get buried in the books quite quickly, with little lasting real-world impact (though it will likely be added to all the labor law and employment law casebooks in order to torture — I mean challenge — law students, and will generate its share of law journal commentary).
