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Dispute Resolution Keyed to Goldberg, 7th Ed.
14 Penn Plaza LLC v. Pyett
Citation:
556 U.S. 247, 129 S.Ct. 1456, 173 L.Ed.2d 398 (2009)Facts
The respondents were members of the Service Employees International Union, Local 32BJ, which served as their exclusive bargaining representative under the National Labor Relations Act. The Union negotiated a collective bargaining agreement (CBA) with the Realty Advisory Board, of which 14 Penn Plaza LLC was a member. The CBA contained a provision requiring arbitration of all claims of discrimination, including those arising under the ADEA. The respondents worked as night lobby watchmen in a building owned by 14 Penn Plaza and were directly employed by Temco Service Industries. In August 2003, with the Union’s consent, 14 Penn Plaza engaged a security contractor to provide licensed security guards, which made respondents’ lobby services unnecessary. Consequently, Temco reassigned respondents to jobs as night porters and light-duty cleaners in other locations in the building. Respondents claimed these reassignments led to loss of income and were less desirable than their former positions. After the Union withdrew their age discrimination claims from arbitration, respondents filed a complaint with the EEOC and subsequently brought suit in federal court, alleging violations of the ADEA.
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