Robert L. Haskins, Sr. v. Prudential Insurance Company of America, A/K/A the Prudential Insurance and Financial Services

230 F.3d 231, 2000 U.S. App. LEXIS 21757, 79 Empl. Prac. Dec. (CCH) 40,326, 83 Fair Empl. Prac. Cas. (BNA) 1329, 2000 WL 1209274
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 28, 2000
Docket99-3486
StatusPublished
Cited by40 cases

This text of 230 F.3d 231 (Robert L. Haskins, Sr. v. Prudential Insurance Company of America, A/K/A the Prudential Insurance and Financial Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert L. Haskins, Sr. v. Prudential Insurance Company of America, A/K/A the Prudential Insurance and Financial Services, 230 F.3d 231, 2000 U.S. App. LEXIS 21757, 79 Empl. Prac. Dec. (CCH) 40,326, 83 Fair Empl. Prac. Cas. (BNA) 1329, 2000 WL 1209274 (6th Cir. 2000).

Opinions

ZATKOFF, D. J., delivered the opinion of the court, in which BOGGS, J., joined. COLE, J. (pp. 241-43), delivered a separate dissenting opinion.

ZATKOFF, Chief District Judge.

Plaintiff-Appellant Robert L. Haskins (“Haskins”) brought this action against his former employer, Defendant-Appellant Prudential Insurance Company of America (“Prudential”). In his complaint, Haskins alleged that he was unlawfully terminated because of his age and race. In response to the complaint, Prudential filed a motion to dismiss Haskins’ complaint and compel arbitration, which the district court denied. For the reasons that follow, we REVERSE the judgment of the district court.

I. BACKGROUND

Haskins is a fifty-six year-old African-American who was employed by Prudential from 1980 until June 12, 1997. Has-kins claims that on this date, he was unlawfully terminated because of his age and race. During his employment with Prudential, Haskins was represented by the United Food and Commercial Worker’s International Union. Through the course of his employment with Prudential, Haskins sold instruments registered with the Securities and Exchange Commission and his selling activities were regulated by the National Association of Securities Dealers (“NASD”). Pursuant to NASD requirements and as a condition of continued employment with Prudential, on June 17, 1983, Haskins executed a Uniform Application for Securities Industry Registration or Transfer, which is commonly known as a U-4 Form. The U-4 Form contained the following provision concerning arbitration:

[233]*233I agree to arbitrate any dispute, claim or controversy that may arise between me and my firm, or a customer, or any • other person, that is required to be arbitrated under the rules, constitutions, or by-laws of the organizations with which I register, as indicated in Question 8.

This clause did not specifically delineate the types of claims subject to arbitration. However, Question 8 on the U-4 Form, which is referred to in the above-quoted arbitration provision, asked Haskins to state the securities organizations with which he planned to register. In response to this question, Haskins indicated he planned to register with the NASD. One of the rules in the NASD Code stated that the following matters shall be arbitrated:

[A]ny dispute, claim, or controversy arising out of or in connection with the business of any member of the Association, or arising out of the employment or termination of employment of associated person(s) with any member....

NASD Manual, Code of Arbitration Procedure Rule 10101.1

The U-4 Form signed by Haskins also contains two acknowledgments that he understood the contents of the U-4 Form. The first acknowledgment states: “I hereby certify that I have read and understand the foregoing statements and that my responses are true and complete to the best of my knowledge.” The second acknowledgment reads as follows:

I hereby apply for registration with the organizations and states indicated in Question 8 and, in consideration of such organizations and states receiving and considering my application, I submit myself to the jurisdiction of such states and organizations and hereby certify that I have read, understand and agree- to abide by, comply with, and adhere to all the provisions, conditions and covenants of the statutes, constitutions, certificates of incorporation, by-laws and rules and regulations of the states and organizations as they are and may be adopted, changed or amended from time to time....

Haskins’ signature appears in the space provided under these acknowledgments. Finally, another provision in the U-4 Form was the employer certification, which stated:

To the best of my knowledge and belief, the applicant is currently bonded where required, and, at the time of approval, will be familiar with the statute(s), constitution(s), rules and by-laws of the agency, jurisdiction or self-regulatory organization with which this application is being filed, and the rules governing registered persons, and will be fully qualified for the position for which application is being made herein.

Prudential’s branch office manager signed under this provision in the U-4 Form.

On December 4, 1998, Haskins filed a complaint against Prudential, alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., as well as other claims. Soon after Haskins filed his complaint, Prudential filed a motion to dismiss the complaint and compel arbitration. Prudential argued that Haskins had agreed to arbitrate the claims presented in his lawsuit and therefore arbitration should be compelled. Haskins countered that he should not be compelled to arbitrate his claims against Prudential because he was never provided with a copy of the [234]*234NASD Code, no agent of Prudential ever familiarized him with the NASD Code, and the certification of Prudential’s branch manager was untrue. Haskins also argued that compelling arbitration would interfere with his collective bargaining rights.

In its opinion, the district court first decided that' compelling arbitration would not interfere with Haskins’ collective bargaining rights.2 Second, the district court pointed out that Haskins did not discuss the arbitration clause with any of Prudential’s agents and that he did not receive a copy of the NASD Code. Because Haskins did not discuss the arbitration clause with one of Prudential’s agents, nor did he receive a copy of the NASD rules, the district court concluded that Haskins “was not aware of the statutory and state rights he surrendered by filling out Question 8 and signing the U-4 Form.”

The district court then denied Prudential’s motion, relying upon Rosenberg v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 170 F.3d 1 (1st Cir.1999), in which the First Circuit found that under the circumstances before it, compelling arbitration was not “appropriate” under the 1991 Civil Rights Act. The district court employed the standard set forth in Rosenberg and found that compelling arbitration would not be “appropriate,” stating:

As in Rosenberg, plaintiff signed a U-4 Form containing an Arbitration Clause which did not list the types of disputes covered, instead incorporating the rules, constitutions, and by-laws of NASD. The NASD Code, like the [New York Stock Exchange] Rules in Rosenberg, requires arbitration of controversies arising out of employment or termination of employment. The U-4 Form also contains the same Employer Certification provision as the U-4 agreement in Rosenberg. Like the plaintiff in Rosenberg, [Has-kins] did not receive a copy of the NASD Code and no agent of [Prudential] discussed the arbitration clause with him.
The Employer Certification, as in Rosenberg, contemplates steps by [Prudential] which were not taken.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Anthony Thompson v. Loretta Lynch
788 F.3d 638 (Sixth Circuit, 2015)
Carney v. JNJ Express, Inc.
10 F. Supp. 3d 848 (W.D. Tennessee, 2014)
Humana, Inc. v. Blose
247 S.W.3d 892 (Kentucky Supreme Court, 2008)
Waller v. Daimler Chrysler Corp.
391 F. Supp. 2d 594 (E.D. Michigan, 2005)
Panepucci v. Honigman Miller Schwartz & Cohn, LLP
408 F. Supp. 2d 374 (E.D. Michigan, 2005)
Cheney v. Sears, Unpublished Decision (6-28-2005)
2005 Ohio 3283 (Ohio Court of Appeals, 2005)
Glenn Hunter & Associates, Inc. v. Union Pacific Railroad
135 F. App'x 849 (Sixth Circuit, 2005)
Joseph J. Simon v. Pfizer Incorporated
398 F.3d 765 (Sixth Circuit, 2005)
Simon v. Pfizer Incorporated
Sixth Circuit, 2005
Shadeh v. Circuit City Stores, Inc.
334 F. Supp. 2d 938 (W.D. Kentucky, 2004)
Cooper v. MRM Inv Co
Sixth Circuit, 2004
Scovill v. WSYX/ABC, Sinclair Broadcast Group, Inc.
312 F. Supp. 2d 955 (S.D. Ohio, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
230 F.3d 231, 2000 U.S. App. LEXIS 21757, 79 Empl. Prac. Dec. (CCH) 40,326, 83 Fair Empl. Prac. Cas. (BNA) 1329, 2000 WL 1209274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-l-haskins-sr-v-prudential-insurance-company-of-america-aka-ca6-2000.