14 Penn Plaza LLC v. Pyett Case Brief

Facts of the Case

“Petitioner 14 Penn Plaza LLC (“Penn”) was a member of a multi-employer bargaining association (“Association”) for the New York City real-estate industry. Penn operated an office building where respondents Steven Pyett and others (“Workers”) worked as night lobby watchmen and in other similar capacities. The Workers were employed directly by petitioner Temco Service Industries, Inc. (“Temco”), a maintenance service and cleaning contractor. The Workers were also members of the Service Employees International Union (“Union”). With the Union’s consent, Penn engaged a unionized security services contractor, which was affiliated with Temco, to provide licensed security guards to staff the lobby and entrances of its building. Temco thereafter reassigned the Workers to jobs as night porters and light duty cleaners in the building. The Union and the Association, negotiating on behalf of Penn, collectively bargained and agreed that employment-related discrimination claims, including claims brought under the Age Discrimination in Employment Act of 1967 (“ADEA”), would be resolved in arbitration. Ultimately, the Workers filed a complaint with the Equal Employment Opportunity Commission (“EEOC”) alleging that petitioners had violated their rights under the ADEA