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Does the FAA Apply to Collective Bargaining Arbitrations After 14 Penn Plaza?

By Seth M. Galanter and Jeremy M. McLaughlin

Your client has just been involved in an arbitration proceeding under a collective bargaining agreement (CBA), and the arbitrator has issued an award. Whether the question involves the statute of limitations for initiating court proceedings or the standards for challenging the enforceability of the arbitration award, the answers have, in the past, been found only in case law. That is because it has been the longstanding view of most federal courts that the Federal Arbitration Act (FAA) does not apply to arbitration provisions in CBAs. The U.S. Supreme Court's recent decision in 14 Penn Plaza v. Pyett, 129 S. Ct. 1456 (2009), suggests a different answer.

The Status Quo Prior to 14 Penn Plaza

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