ERNST YOUNG V. MORRIS

​Issue: Labor
Court: U.S. Supreme Court

Term: October 2016
Lower Court: U.S. Court of Appeals for the Ninth Circuit

Question Presented: 
Whether the collective-bargaining provisions of the National Labor Relations Act prohibit the enforcement under the Federal Arbitration Act of an agreement requiring an employee to arbitrate claims against an employer on an individual, rather than collective, basis.

RLC's Position:
The RLC filed a brief in support of the employer's petition for certiorari in Ernst & Young v. Morris. The RLC's brief urges the U.S. Supreme Court to take the case to resolve the circuit split on the issue of whether employment agreements requiring disputes to be resolved through individual arbitration are enforceable. Although there are three petitions for certioraripending before the Court raising similar issues, the RLC's brief explains why this case is the best vehicle for the Court to resolve the conflict for multiple reasons. The current circuit split is causing significant practical problems for employers nationwide and if left unresolved, would hinder employees from taking advantage of the benefits of arbitration. 

Procedural History and Case Documents

• Ernst & Young Petition for Certiorari filed September 2011.
• Certiorari granted January 2017.

Please use the DOWNLOAD button below to access the RLC's Brief.