Exempting 'Transportation Workers' From Arbitration: 'Bissonnette'
A discussion of 'Bissonnette v. LePage Bakeries,' where the Supreme Court unanimously reversed the U. S. Court of Appeals for the Second Circuit, finding that the plaintiffs, while indeed purveyors of bakery products, nevertheless qualified as transportation workers, and were therefore exempt from arbitrating their claims.
July 22, 2024 at 10:00 AM
8 minute read
Not long ago in this space, we distilled the then-newest decisions explicating the boundaries of the statutory exemption from arbitration enjoyed by so-called "transportation workers." See 9 U.S.C. §1. The first was Southwest Airlines Co. v. Saxon, 596 U.S. 450 (2022) ("Saxon"), wherein a unified Supreme Court decreed that the exception is defined, not by the employer's business, but rather by "the actual work…typically carr[ied] out" by the employees seeking to avoid the arbitral forum. Id. See also Sabino, "The FAA Keeps on Flying: The Supreme Court and 'Southwest,'" 268 New York Law Journal p. 4, cl. 4 (July 28, 2022) (Sabino, "The Supreme Court and 'Southwest.'").
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