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Dispute Resolution Keyed to Carbonneau, 8th Ed.
14 Penn Plaza LLC v. Pyett
Citation:
556 U.S. 247, 129 S.Ct. 1456, 173 L.Ed.2d 398 (2009)Facts
Respondents were members of the Service Employees International Union, Local 32BJ, which was their exclusive bargaining representative under the National Labor Relations Act. The Union and the Realty Advisory Board on Labor Relations (RAB), a multi-employer bargaining association, negotiated a Collective Bargaining Agreement (CBA) that contained a provision requiring arbitration of all claims of employment discrimination, including those under the ADEA. Petitioner 14 Penn Plaza LLC, a member of the RAB, owned the building where respondents worked as night lobby watchmen. 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, respondents were reassigned to jobs as night porters and light-duty cleaners in other locations in the building. Respondents claimed these reassignments led to a loss in income, caused emotional distress, and were otherwise less desirable than their former positions. At respondents’ request, the Union filed grievances challenging the reassignments, including claims of age discrimination. However, the Union later withdrew the age discrimination claims from arbitration because it had consented to the contract for new security personnel. Respondents then filed a complaint with the EEOC and subsequently brought an ADEA lawsuit in federal court.
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