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The court concluded that Thomas had raised this argument for the first time on appeal. 3 Thomas v. Kidder Peabody & Co., Civ. Perry and Johnston filed a petition in the Superior Court to compel arbitration; Kidder, Peabody invoked diversity jurisdiction and filed a similar petition in Federal District Court. Appellee, Kenneth Morgan Thomas, brought this action in California Superior Court against his former employer, Kidder, Peabody & Co. (Kidder, Peabody), and two of its employees, appellants Barclay Perry and James Johnston. Action No. C529105 (Los Angeles County, Apr. 23, 1985) (reprinted at App. Appellee brought suit in California Superior Court against his former employer and appellants, two of its employees, alleging breach of contract and related causes of action arising from a dispute over commissions on securities sales. It read Ware's single reference to the Federal Arbitration Act to imply that the Court had refused to hold 229 pre-empted by that Act and the litigants' agreement to arbitrate disputes pursuant to Rule 347. Thus, the Court of Appeal held that a claim for unpaid wages brought under 229 was not subject to compulsory arbitration, notwithstanding the existence of an arbitration agreement. 1 et seq., which mandates enforcement of arbitration agreements, pre-empts 229 of the California Labor Code, which provides that actions for the collection of wages may be maintained "without regard to the existence of any private agreement to arbitrate." Cal.

After appellee refused to arbitrate, appellants filed a petition to compel arbitration under 2 and 4 of the Federal Arbitration Act, which respectively provide that contractual arbitration provisions are valid and enforceable and mandate their judicial enforcement. Appellee opposed arbitration on the ground that his suit was authorized by California Labor Code 229, which provides that wage collection actions may be maintained without regard to the existence of any private agreement to arbitrate. You can save on all of these items and more by choosing a Debenhams discount code from the Mirror discounts shop menu. Having the tough conversations now can help you avoid resentment, financial stress and crushing debt down the road. This feedback can help you make an informed decision and narrow down your options further. Organizations often need help with common image and functionality issues. Working with a reputable apparel business can boost clothing comfort and functionality. The spider plant - This plant both purifies the air and can go a few days without being watered.

It is likely that the Air Force has come to a similar conclusion. The demands for arbitration were based on a provision found in a Uniform Application for Securities Industry Registration form, which Thomas completed and executed in connection with his application for employment with Kidder, Peabody. After Thomas refused to submit the dispute to arbitration, the defendants sought to stay further proceedings in the Superior Court. App. 140a-141a. Like the Superior Court, the Court of Appeal also rejected appellants' argument, based on this Court's decision in Dean Witter Reynolds Inc. v. Byrd, 470 U.S. The Superior Court denied appellants' petition to compel arbitration. Both petitions sought arbitration under the authority of 2 and 4 of the Federal Arbitration Act. In this appeal we decide whether 2 of the Federal Arbitration Act, 9 U.S.C. Accordingly, I would affirm the judgment of the California Court of Appeal. In an unpublished opinion, the Court of Appeal affirmed. Act in footnote 15 of the Ware opinion, the pre-emptive effect of 2 of the Act was not at issue in that case. Congress in passing the Act was to enforce private agreements into which parties had entered .