勞動法團體訴訟權約定拋棄之理論與實務──以美國法為借鑑

The Judicial Theory and Practice of Class Action Waiver in Labor Law: Lessons from the United States

團體訴訟長期以來提供勞工一個爭端解決之機制以對抗擁有龐大談判力量之大企業，不過在美國以仲裁條款要求勞方拋棄團體訴訟權之爭議與日俱增，終於在2018年美國聯邦最高法院之Epic Systems Corp. v. Lewis案，以5比4的拉鋸判決決定該等爭議，Epic案可歸結為兩個問題點：勞資雙方能否同意其間任何爭執僅得透過一對一之仲裁方式處理？勞方在同意之後，是否還能就該等爭執提起團體訴訟？更深層的問題恐怕為勞工是否擁有基本權利團結起來促進共同福祉？Epic案之判決被認為屬於資方的大勝利，因為其使龐大數目之勞方無法聚集在一起展現力量，恐怕也反應出法院在近年來急遽地削減團體訴訟案件之趨勢，Epic案恐怕不僅影響仲裁法制，更將影響美國整個勞動法及政策。本文探討美國勞動法團體訴訟權拋棄之理論與實務，並引介最新之Epic案，而以之與我國進行對照。

Class-action suits have long provided a forum of dispute for employees with small-scale claims against larger employers with great bargaining power. But class action waivers contained in arbitration provisions have become increasingly controversial in recent years. In 2018, the United States Court, in a 5 to 4 decision faced the issues. The dispute boiled down two simple questions: Can employees and employers agree that any disputes between them will be resolved through one-on-one arbitration, or can employees bring their claims in class actions no matter what they agree with their employers? Moreover, Do workers have the fundamental right to join together to advance their common interests? The Epic Systems Corp. v. Lewis case was considered a major victory for employers because it significantly reduced the number and likelihood of large numbers of plaintiffs banding together to bring class action suits. It is also in recent years courts have cut back sharply on plaintiffs’ ability to bring class action lawsuits. Epic Systems not only had an impact on the law of arbitration, but it also affected federal labor and employment law and policy. The study puts stress on the judicial practice and theory of class action waiver in labor law in the United States and makes a comparison with Taiwan.