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Oakland Raiders File a Motion to Compel Arbitration: Will the Case Leave the Court System?


As readers of the blog are familiar with, a wage and hour lawsuit was brought against the Oakland Raiders earlier this year on the grounds that the cheerleaders were not paid at least minimum wage for their work done as part of the cheerleading team.  (Oakland Raiders Cheerleader - Blog).  

The Raiders responded to the suit and asserted, in part, that the claim could not be litigated in the courts and instead should be sent to arbitration.  The Raiders pointed to the terms of the contract that the cheerleaders signed which stated that any dispute that arose in regard to the agreement would be sent to binding arbitration, with the N.F.L. Commissioner to serve as the sole arbitrator.  (Oakland Raiders Cheerleader Contract - page 29 addressed the arbitration provision).  

Last week, the Raiders filed a Motion to Compel Arbitration of this case.  If the court grants the Motion, it would remove this case from the public eye and allow Roger Goodell, the N.F.L. Commissioner, to be the sole ruler of the outcome of this dispute. 

As of this point, the case remains in the California court system, but this arbitration provision that the cheerleaders agreed to could throw pose to be an insurmountable hurdle.  The Raiders would obviously prefer this case go to mediation where they would likely get a more favorable (and likely non-appealable ruling) from the Commissioner, while the cheerleaders would prefer this case stay in the court system with an option to appeal, depending upon the judge's ruling.  

Link to the Motion to Compel Arbitration filed by the Raiders:  http://media.nbcbayarea.com/documents/RaidersMotion+03.14.14.pdf

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