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A sharply divided Supreme Court delivered a 5–4 decision in favor of 14 Penn Plaza and overturning the Second Circuit judge's decision. In doing so, the Court ruled that some collective bargaining agreements do require employees to pursue legal action under the Age Discrimination in Employment Act of 1967 through arbitration rather than in court.
Clerks and Arbitrators should use this section to clarify their understanding of the final decision—at a minimum, a list of items that have passed. Additionally, a list of which remedies are conditional on others (for instance a ban that should only be implemented if a mentorship should fail), and so on.
Template:Arbitration case implementation notes/Proposal This page was last edited on 19 September 2024, at 00:26 (UTC). Text is available under the ...
Disputes will be decided by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but arbitration procedures are simpler and more limited than court proceedings. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
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By contrast, in conventional arbitration, parties are more likely to call on the arbitrator to decide disputed issues, giving the arbitrator the power to craft a "reasonable" award. In addition to promoting settlement, use of FOA leads parties to adopt reasonable positions during the arbitration, because an unreasonable position will almost ...