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- Title
Supreme Court Without a Clue: 14 Penn Plaza LLC v. Pyett and the System of Collective Action and Collective Bargaining Established by the National Labor Relations Act.
- Authors
Casebeer, Kenneth M.
- Abstract
The article discusses the case, 14 Penn Plaza LLC v. Pyett, in which the U.S. Supreme Court apparently crossed the line into judicial re-legislation. According to the article, in enforcing an express contractual duty to arbitrate union members' federal statutory individual rights, the Supreme Court remade the U.S. collective bargaining system and destroyed the doctrine of mandatory versus permissive subjects of the duty to bargain in good faith. As a result, the decision prevented all federal remedial measures at issue between employers and employees.
- Subjects
UNITED States; ACTIONS &; defenses (Law); PENN Plaza LLC; UNITED States. Supreme Court; COLLECTIVE action; COLLECTIVE bargaining; NATIONAL Labor Relations Act (U.S.)
- Publication
University of Miami Law Review, 2011, Vol 65, Issue 4, p1063
- ISSN
0041-9818
- Publication type
Article