Charlton E. Bell v. Atlantic Trucking Company, Inc.

U.S. Court of Appeals for the Eleventh Circuit
Charlton E. Bell v. Atlantic Trucking Company, Inc., 405 F. App'x 370 (11th Cir. 2010)

Charlton E. Bell v. Atlantic Trucking Company, Inc.

Opinion

PER CURIAM:

Atlantic Trucking Company, Inc. and Ted Sparks, the manager of their terminal in Jacksonville, Florida appeal from the denial of their Motion to Dismiss or, in the alternative, Compel Arbitration of Charlton Bell’s employment discrimination claim. Appellants contend that Bell’s employment agreement mandates arbitration pursuant to the Federal Arbitration Act (“FAA”). However, 9 U.S.C. § 1 provides that the mandatory arbitration provisions of the FAA do not apply to “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The district court found that Bell was an employee as contemplated by section 1 of the FAA, and thus the arbitration agreement in his contract was not enforceable. Based on the facts in this record, we cannot say the district court erred in concluding that Bell was an employee of Atlantic Trucking *371 and thus not subject to compulsory arbitration under the FAA.

AFFIRMED.

Reference

Full Case Name
Charlton E. BELL, Plaintiff—Appellee, v. ATLANTIC TRUCKING COMPANY, INC., Ted Sparks, Defendants-Appellants
Cited By
4 cases
Status
Unpublished