In 14 Penn Plaza LLC v. Pyett, 556 U.S.—, 129 S. Ct. 1456, 1461, 1474 (2009), the U.S. Supreme Court held that a collective bargaining agreement (CBA) that clearly and unmistakably provided for arbitration under the CBA, as the “sole and exclusive remedy for violations” of identified statutory protections, operated as a waiver of individual bargaining unit members’ rights to judicial remedies of those violations.
The Court’s decision put into play a type of collective bargaining provision whose enforceability was previously uncertain: a provision calling for arbitration of statutory discrimination claims.
