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The Supreme Court's Bissonnette Decision and the Transportation Worker Exclusion Under the Federal Arbitration Act

2024-07-17 04:57:31.102000

In an article by Barry Winograd on Justia, the Supreme Court's decision in Bissonnette v. LePage Bakeries is discussed [f7099df9]. The case revolves around the transportation worker exclusion under Section 1 of the Federal Arbitration Act (FAA) [f7099df9]. The article explores different approaches to resolving the dispute over transportation workers, including revisiting the premises of Circuit City's analysis and amending the FAA [f7099df9]. It suggests that a sounder approach would be for the Supreme Court to turn to well-established U.S. law and practice in the field of employment and labor relations [f7099df9].

The article examines the qualifiers used in Bissonnette's decision and the historical context of the residual clause [f7099df9]. It also discusses the relevance of post-FAA dispute-resolution legislation and administrative action involving transportation workers, such as the National Labor Relations Act, the Railway Labor Act, and the Fair Labor Standards Act [f7099df9]. The article concludes that a reorientation of the Court's application of Section 1 will facilitate the resolution of disputes over the transportation worker exclusion [f7099df9].

The Supreme Court's decision in Bissonnette v. LePage Bakeries has significant implications for the transportation worker exclusion under the Federal Arbitration Act [f7099df9]. The article by Winograd provides a comprehensive analysis of the case and suggests alternative approaches to resolving the dispute [f7099df9].

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