Today, the United States Supreme Court ruled against the right of employees to file class action suits if they signed arbitration agreements conditional to employment. The decision now limits the pursuit of legal remedy, in these cases, to single worker arbitration. This brings a course change that sets the pendulum back toward the employer advantage in cases of workplace violations. This reflects the new shift in philosophy towards a more conservative approach to labor issues.
Justice Neil Gorsuch wrote:
The respective merits of class actions and private arbitration as means of enforcing the law are questions constitutionally entrusted not to the courts to decide but to the policy-makers in the political branches where those questions remain hotly contested. pp. 28, https://www.supremecourt.gov/opinions/17pdf/16-285_q8l1.pdf
The inevitable result of today’s decision will be the underenforcement of federal and state statutes designed to advance the well-being of vulnerable workers.
The protections afforded by class action representation change. The increase in right to work legislation‘s march through the last decade will see workplace disputes handled differently under this decision. While Taft-Hartley addresses the collective bargaining as a whole, it does not address arbitration, so arbitration was not addressed.
How does this affect Pagan workers? Religiously intolerant workplaces gain an additional layer of protection against concerns as individual hearings and increased financial burden for recourse. Since hearing are private in arbitration, you lose the resource available from open hearings. In conservative workplaces, this bodes a tougher fight for the livelihood of many.
Source: PBN News