Originally from:

Journal of American Arbitration (JAA) - Vol. 3, No. 2

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ARTICLES

Palcko v. Airborne Express, Inc.: Third
Circuit Subjects Arbitration Agreement to
State Law Regardless of the Exemption Status
under the FAA
By Kristi Johnson
 

I. OVERVIEW
The dispute involved an arbitration agreement Margaret Palcko
signed upon employment as a Field Services Supervisor with Airborne
Express, Inc. (Airborne Express) in Philadelphia in 1998.1 Airborne
Express “is a package transportation and delivery company that engages
in interstate, intrastate, and international shipping.”2 As a Field Services
Supervisor, Palcko “supervise[ed] between thirty and thirty-five drivers
who delivered packages from Airborne Express’s facility near the
Philadelphia International Airport to their ultimate destinations
[throughout the city].”3 The drivers were also responsible for bringing
packages back to the facility from customers throughout Philadelphia.4
Palcko also “monitored and improved the performance of the drivers