Dec 19

Fleishman wins major procedural victory to compel arbitration of employee’s claims

Michael Fleishman won a substantial procedural victory on behalf of Guardian Service Industries, a major janitorial services company, in an employment discrimination suit pending in the Southern District of New York. Judge Paul Engelmayer granted Guardian’s motion to compel arbitration of a union member, who attempted to sue for various civil rights causes of action. Fleishman successfully contended that the plaintiff was bound by the terms of her union’s collective bargaining agreement, which requires arbitration of such claims. The Court noted that the Federal Arbitration Act “provides that an arbitration agreement ‘shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract” and that Guardian “promptly, upon being served with [the] complaint… moved to compel arbitration.”

The decision, available here, was reported in the New York Law Journal.

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