circuit city stores adams argued november decided march provision respondent application work petitioner electronics retailer required employment disputes settled arbitration hired respondent filed employment discrimination action petitioner sued federal enjoin action compel arbitration pursuant federal arbitration act faa district entered requested order ninth circuit reversed interpreting faa excludes act coverage contracts employment seamen railroad employees class workers engaged foreign interstate commerce exempt employment contracts faa reach held exemption confined transportation workers pp faa coverage provision compels judicial enforcement arbitration agreements contract evidencing transaction involving commerce terminix dobson interpreted involving commerce phrase implementing congress intent exercise commerce power full pp rejects respondent contention word transaction extends commercial contracts therefore employment contract contract evidencing transaction involving interstate commerce true separate exemption issue pointless see pennsylvania dept public welfare davenport accordingly argument arbitration agreements employment contracts covered faa must premised language exclusion pp statutory text forecloses construction excludes employment contracts faa respondent relies expansive reading involving commerce contend engaged commerce language like reach exempting faa employment contracts falling within congress commerce power reading runs insurmountable textual obstacle unlike involving commerce language words class workers engaged commerce constitute residual phrase following sentence explicit reference seamen railroad employees wording thus calls application maxim ejusdem generis residual clause read give effect terms seamen railroad employees controlled defined reference terms see norfolk western train dispatchers application ejusdem generis also full accord sound considerations bearing upon proper interpretation clause prior cases read engaged commerce term art indicating limited assertion federal jurisdiction see american building maintenance industries persuaded assertion interpretation guided fact congress adopted faa phrase engaged commerce came close expressing outer limits commerce clause power understood see employers liability cases fact alone provide basis adopt judicial decision rather amendatory legislation gulf oil copp paving expansive construction faa exclusion provision goes beyond meaning words congress used possible congress might chosen different jurisdictional formulation known later embrace less restrictive reading commerce clause text precludes interpreting exclusion provision defeat language employment contracts statutory context engaged commerce language found residual provision faa purpose overcoming judicial hostility arbitration compel exclusion afforded narrow construction better reading accord prevailing view courts appeals exempts faa employment contracts transportation workers pp conclusion directed text rather sparse legislative history exclusion provision need assessed rejects respondent argument holding attributes irrational intent congress excluding faa coverage employment contracts involve interstate commerce transportation workers including employment contracts lesser connection commerce permissible inference former contracts excluded congress already enacted soon enact statutes governing transportation workers employment relationships wish unsettle established developing statutory dispute resolution schemes covering workers residual exclusion class workers engaged foreign interstate commerce rational congress ensure workers general covered faa reserving specific legislation transportation workers pp amici argue reading faa effect state employment laws restricting use arbitration agreements criticism properly directed today holding southland keating holding congress intended faa apply state courts state antiarbitration laws contrary explicitly declined overrule southland supra congress moved overturn southland response southland directly implicated case concerns application faa federal rather state chip away southland indirection furthermore real benefits arbitration employment context including avoidance litigation costs compounded difficult questions necessity bifurcating proceedings state law precludes arbitration certain types employment claims others adoption respondent position call doubt efficacy many employers alternative dispute resolution procedures process undermining faa proarbitration purposes breeding litigation statute seeks avoid supra pp reversed remanded kennedy delivered opinion rehnquist scalia thomas joined stevens filed dissenting opinion ginsburg breyer joined souter joined parts ii iii souter filed dissenting opinion stevens ginsburg breyer joined circuit city stores petitioner saint clair adams writ certiorari appeals ninth circuit march justice kennedy delivered opinion section federal arbitration act faa excludes act coverage contracts employment seamen railroad employees class workers engaged foreign interstate commerce one courts appeals addressed issue interpret provision exempting contracts employment transportation workers employment contracts faa coverage different interpretation adopted appeals ninth circuit construes exemption contracts employment beyond faa reach whether worker engaged transportation applied rule instant case decide better interpretation construe statute courts appeals done confine exemption transportation workers october respondent saint clair adams applied job petitioner circuit city stores national retailer consumer electronics adams signed employment application included following provision agree settle previously unasserted claims disputes controversies arising relating application candidacy employment employment cessation employment circuit city exclusively final binding arbitration neutral arbitrator way example claims include claims federal state local statutory common law age discrimination employment act title vii civil rights act amended including amendments civil rights act americans disabilities act law contract law tort app emphasis original adams hired sales counselor circuit city store santa rosa california two years later adams filed employment discrimination lawsuit circuit city state asserting claims california fair employment housing act cal govt code ann et seq west supp claims based general tort theories california law circuit city filed suit district northern district california seeking enjoin action compel arbitration respondent claims pursuant faa district entered requested order respondent concluded obligated arbitration agreement submit claims employer binding arbitration appeal followed respondent appeal pending appeals ninth circuit ruled key issue unrelated case held faa apply contracts employment see craft campbell soup instant case following rule announced craft appeals held arbitration agreement adams circuit city contained contract employment subject faa circuit city petitioned noting ninth circuit conclusion employment contracts excluded faa conflicts every appeals addressed question see mcwilliams logicon hilton head hospital pryner tractor supply cole burns security cadc rojas tk communications asplundh tree bates erving virginia squires basketball club dickstein dupont tenney engineering elec machine workers granted certiorari resolve issue ii congress enacted faa explained faa response hostility american courts enforcement arbitration agreements judicial disposition inherited english practice see terminix dobson gilmer lane give effect purpose faa compels judicial enforcement wide range written arbitration agreements faa coverage provision provides written provision maritime transaction contract evidencing transaction involving commerce settle arbitration controversy thereafter arising contract transaction refusal perform whole part thereof agreement writing submit arbitration existing controversy arising contract transaction refusal shall valid irrevocable enforceable save upon grounds exist law equity revocation contract occasion supra consider significance congress use words involving commerce analysis began reaffirmation earlier decisions concluding faa enacted pursuant congress substantive power regulate interstate commerce admiralty see prima paint flood conklin mfg act applicable state courts state laws hostile arbitration see southland keating relying upon background principles upon evident reach words involving commerce interpreted implementing congress intent exercise commerce power full supra instant case course involves basic coverage authorization act exemption coverage exemption clause provides act shall apply contracts employment seamen railroad employees class workers engaged foreign interstate commerce courts appeals conclude exclusion provision limited transportation workers defined instance workers actually engaged movement goods interstate commerce cole supra stated outset appeals ninth circuit takes different view interprets exception exclude contracts employment reach faa comprehensive exemption advocated amici curiae gilmer addressed question whether registered securities representative employment discrimination claim age discrimination employment act stat amended et submitted arbitration pursuant agreement securities registration application concluding application contract employment found unnecessary reach meaning see gilmer supra dispute case circuit city argued petition certiorari employment application signed adams contract employment declined grant certiorari point issue reserved gilmer presented respondent outset contends need address meaning exclusion provision decide case favor view employment contract contract evidencing transaction involving interstate commerce since word transaction extends commercial contracts see craft concluding covers commercial deal merchant sale line reasoning proves much make exclusion provision superfluous contracts employment beyond scope act coverage provision separate exemption contracts employment seamen railroad employees class workers engaged interstate commerce pointless see pennsylvania dept public welfare davenport cases express deep reluctance interpret statutory provision render superfluous provisions enactment proffered interpretation evidencing transaction involving commerce furthermore inconsistent gilmer lane held required arbitration age discrimination claim based agreement securities registration application dispute arise commercial deal merchant sale respondent construction reconciled expansive reading words adopted argument made arbitration agreements employment contracts covered act must premised language exclusion provision respondent endorsing reasoning appeals ninth circuit provision excludes employment contracts relies asserted breadth words contracts employment class workers engaged commerce referring construction coverage provision concluding words involving commerce evidence congressional intent regulate full extent commerce power respondent contends interpretation like reach thus exempting employment contracts two provisions argued coterminous view involving commerce provision brings within faa scope contracts within congress commerce power engaged commerce language turn exempts faa employment contracts falling within authority reading however runs immediate view insurmountable textual obstacle unlike involving commerce language words class workers engaged commerce constitute residual phrase following sentence explicit reference seamen railroad employees construing residual phrase exclude employment contracts fails give independent effect statute enumeration specific categories workers precedes need congress use phrases seamen railroad employees classes workers subsumed within meaning engaged commerce residual clause wording calls application maxim ejusdem generis statutory canon general words follow specific words statutory enumeration general words construed embrace objects similar nature objects enumerated preceding specific words singer sutherland statutes statutory construction see also norfolk western train dispatchers rule construction residual clause read give effect terms seamen railroad employees controlled defined reference enumerated categories workers recited interpretation clause pressed respondent fails produce results canons construction need conclusive often countered course maxim pointing different direction application rule ejusdem generis case however full accord sound considerations bearing upon proper interpretation clause even term engaged commerce stood alone construe provision exclude contracts employment faa congress uses different modifiers word commerce design enactment statutes phrase affecting commerce indicates congress intent regulate outer limits authority commerce clause see phrase engaged commerce term art indicating limited assertion federal jurisdiction jones phrase used commerce sensibly read mean active employment commercial purposes merely passive passing past connection commerce argued assess meaning phrase engaged commerce different manner faa enacted congressional authority regulate commerce power large extent confined decisions see lopez noting decisions beginning ushered era commerce clause jurisprudence greatly expanded previously defined authority congress clause faa enacted respondent reasons phrase engaged commerce term art indicating limited assertion congressional jurisdiction contrary said formulation came close expressing outer limits congress power understood see employers liability cases holding unconstitutional jurisdictional provision federal employers liability act fela covering employees every common carrier engaged trade commerce second employers liability cases cf illinois central behrens noting dicta amended fela application common carriers engaging commerce reach employment relationships within congress commerce power mode interpretation prevail take account scope commerce clause elaborated date faa enactment order interpret statute means variable standard interpreting common jurisdictional phrases contradict earlier cases bring instability statutory interpretation declined past cases afford significance construing meaning statutory jurisdictional provisions commerce engaged commerce circumstance statute predated shifts commerce clause cases ftc bunte brothers rejected contention phrase commerce federal trade commission act stat provision enacted congress read expansive manner affecting commerce see bunte supra entertained similar argument pair cases decided term concerning meaning phrase engaged commerce clayton act stat another congressional enactment see american building maintenance supra gulf oil copp paving held phrase engaged commerce means engaged flow interstate commerce intended reach corporations engaged activities subject federal commerce power american building maintenance supra cf gulf oil supra expressing doubt whether argument history practical purposes clayton act justify radical expansion clayton act scope beyond statutory language defines reluctance accept contentions congress used words commerce engaged commerce regulate full extent commerce power rests sound foundation affords objective consistent significance meaning words congress uses defines reach statute say statutory words engaged commerce subject variable interpretations depending upon date adoption even date phrase became term art ignores reason formulation became term art first place plain meaning words engaged commerce narrower formulations affecting commerce involving commerce see gulf oil supra phrase engaged commerce appears denote persons activities within flow interstate commerce unwieldy congress litigants required deconstruct statutory commerce clause phrases depending upon year particular statutory enactment rejecting contention meaning phrase engaged commerce faa given broader construction justified evident language simply enacted rather mean suggest statutory jurisdictional formulations necessarily uniform meaning whenever used congress american building maintenance industries supra noted judicial task marking extent congress exercised constitutional power commerce devising abstract formula kirschbaum walling must course construe engaged commerce language faa reference statutory context found manner consistent faa purpose considerations however compel exclusion provision afforded narrow construction discussed location phrase class workers engaged commerce residual provision specific categories workers enumerated undermines attempt give provision sweeping construction fact provision contained statute seeks broadly overcome judicial hostility arbitration agreements concluded counseled favor expansive reading gives reason abandon precise reading provision exempts contracts faa coverage sum text faa forecloses construction followed appeals case review construction exclude employment contracts faa historical arguments respecting congress understanding power insubstantial fact alone give us basis adopt judicial decision rather amendatory legislation gulf oil supra expansive construction faa exclusion provision goes beyond meaning words congress used course possible speculate congress might chosen different jurisdictional formulation known soon embrace less restrictive reading commerce clause text precludes interpreting exclusion provision defeat language employment contracts section exempts faa contracts employment transportation workers conclusion reach today directed text need assess legislative history exclusion provision see ratzlaf resort legislative history cloud statutory text clear note however legislative record exemption quite sparse respondent points language either committee report addressing meaning provision mention exclusion debate faa floor house senate instead respondent places greatest reliance upon testimony senate subcommittee hearing suggesting exception may added response objections president international seamen union america see hearing subcommittee senate committee judiciary legislative history problematic even attempt draw inferences intent duly appointed committees congress becomes far consult sources still steps removed full congress speculate upon significance fact certain interest group sponsored opposed particular legislation cf kelly robinson one statements made member congress included official senate house reports decline accord significance statements attribute congress official purpose based motives particular group lobbied certain proposal even assuming precise intent group determined point doubtful general rule instant case congress courts consult political forces decide best resolve conflicts course writing objective embodiments law know statutes accept respondent argument holding attributes irrational intent congress petitioner reading contends employment contracts involving interstate commerce thus assuredly within commerce clause power excluded act coverage employment contracts less direct less certain connection interstate commerce come within act affirmative coverage excluded brief respondent emphases original see paradox congressional decision exempt workers commerce power apparent contrary permissible inference employment contracts classes workers excluded faa precisely congress undoubted authority govern employment relationships issue enactment statutes specific time faa passed congress already enacted federal legislation providing arbitration disputes seamen employers see shipping commissioners act stat faa adopted moreover grievance procedures existed railroad employees federal law see transportation act stat passage comprehensive statute providing mediation arbitration railroad labor disputes imminent see railway labor act stat repealed reasonable assume congress excluded seamen railroad employees faa simple reason wish unsettle established developing statutory dispute resolution schemes covering specific workers residual exclusion class workers engaged foreign interstate commerce congress demonstrated concern transportation workers necessary role free flow goods explains linkage two specific enumerated types workers identified preceding portion sentence rational congress ensure workers general covered provisions faa reserving specific legislation engaged transportation see pryner tractor supply posner indeed legislation soon follow amendment railway labor act include air carriers employees see stat iii various amici including attorneys general object reading exclusion provision adopted today intrudes upon policies separate point requiring arbitration agreements employment contracts covered faa statute effect state employment laws restrict limit ability employees employers enter arbitration agreements argued permitted pursuant traditional role regulating employment relationships prohibit employees like respondent contracting away right pursue discrimination claims holding today proper target criticism line argument relevant instead decision southland keating holding congress intended faa apply state courts state antiarbitration laws contrary see question southland continuing vitality given explicit consideration declined overrule see also concurring decision furthermore directly implicated case concerns application faa federal rather state chip away southland indirection especially adoption variable statutory interpretation theory advanced respondent instant case justices join today holding agreed see scalia dissenting thomas dissenting incongruous adopt conventional reading faa coverage order implement proarbitration policies unconventional reading reach order undo coverage noted congress moved overturn southland see note done response furthermore parties employment contracts involving specific exempted categories set forth true parties contract issue real benefits enforcement arbitration provisions clear rejecting supposition advantages arbitration process somehow disappear transferred employment context see gilmer gilmer course involved federal statute argument state statute denied state judicial enforcement awaiting outcome arbitration matter though addressed southland revisit question foregoing reasons judgment appeals ninth circuit reversed case remanded proceedings consistent opinion ordered circuit city stores petitioner saint clair adams writ certiorari appeals ninth circuit march justice stevens justice ginsburg justice breyer join justice souter joins parts ii iii dissenting justice souter cogently explained parsimonious construction federal arbitration act faa act consistent expansive reading join opinion believe heavy reliance views expressed courts appeals past decade makes appropriate comment three earlier chapters history venerable statute section faa makes enforceable written agreements arbitrate maritime transaction contract evidencing transaction involving commerce writing clean slate good reason conclude neither phrase maritime transaction phrase contract evidencing transaction involving commerce intended encompass employment history act extensive makes clear faa response refusal courts enforce commercial arbitration agreements commonly used maritime context original bill drafted committee commerce trade commercial law american bar association aba upon consideration extension principle commercial arbitration report annual meeting aba emphasis added drafted bill understood members congress simply provid one thing give opportunity enforce agreement commercial contracts admiralty contracts cong rec remarks graham emphasis added surprise legislation first introduced mention employment contracts contain rather precise definition term maritime transactions underscored commercial character proposed indeed neither history drafting original bill aba records deliberations congress years preceding ultimate enactment act contains evidence proponents legislation intended apply agreements affecting employment nevertheless original bill opposed representatives organized labor notably president international seamen union concern legislation might authorize federal judicial enforcement arbitration clauses employment contracts response objections chairman aba committee drafted legislation emphasized senate judiciary subcommittee hearing intended shall act referring labor disputes also observed honorable committee feel danger add bill following language nothing herein contained shall apply seamen class workers interstate foreign commerce hearing similarly another supporter bill secretary commerce herbert hoover suggested objection appears inclusion workers contracts law scheme might well amended stating nothing herein contained shall apply contracts employment seamen railroad employees class workers engaged interstate foreign commerce legislation reintroduced next session congress secretary hoover exclusionary language added amendment eliminated organized labor opposition proposed amendment construes today history amply supports proposition uncontroversial provision merely confirmed fact one interested enactment faa ever intended expected apply employment contracts particularly ironic therefore amendment provided sole justification refusing give text natural reading playing ostrich substantial history behind amendment see ante need assess legislative history exclusion provision reasons vacuum contracts employment beyond scope act coverage provision separate exemption pointless ante contrary suggestion pointless adopt clarifying amendment order eliminate opposition bill moreover majority reasoning squarely contradicted approach bernhardt polygraphic america concluded employment contract evidence transaction involving commerce within meaning act therefore reach question whether event petitioner included class workers within exceptions act irony reading include contracts employment compounded cramped interpretation exclusion inserted proposed enacted exclusion fully responded concerns seamen union labor organizations might encompass employment contracts expressly exempting labor agreements seamen railroad employees also class workers engaged foreign interstate commerce emphasis added today however fulfills original originally unfounded fears organized labor essentially rewriting text exclude employment contracts solely seamen railroad employees class transportation workers engaged foreign interstate commerce see ante contrast whether one views legislation amendment clear intended apply employment contracts ii quarter century faa passed many courts appeals presented question whether agreements contracts employment purposes exclusion courts split question least third fourth fifth circuits answering first sixth circuits answering cases neither involved employees engaged transportation turned whether workers occupied indeed general assumption seemed sixth circuit stated early deliberately worded congress exclude faa contracts employment workers engaged interstate commerce gatliff coal cox contrary view endorses today namely employees engaged interstate transportation excluded expressed third circuit tenney engineering electrical workers decision significantly rejected shortly thereafter fourth circuit see electrical workers miller metal products conflict among circuits persisted thus suggests may inappropriate attach much weight recent appeals opinions case see ante even important conflict however way tried resolve debate textile workers lincoln mills granted certiorari consider union claim suit brought labor management relations act lmra federal may enforce arbitration clause agreement union argued authority implicitly granted explicitly granted faa support latter argument union asked rule either agreement contrac employment within meaning exclusion exclusion limited transportation accept either argument held provided authority compel arbitration fact relied lmra statutory provision mention arbitration rather faa statute expressly authorizes enforcement arbitration agreements strongly implies concluded faa simply apply exempts labor contracts justice frankfurter course present deliberations case explained disposition faa issues see dissenting opinion even justice frankfurter description majority rejection applicability faa suffice establish textile workers precedent meaning opinion unquestionably reveals interpretation act moreover given justice marshall also subscribed reading three members dissenting today decision follows justices endorsed view one adopts fact course control disposition case seem entitled least much respect number appeals decisions repeatedly refers iii times changed judges century disfavored private arbitration act intended overcome attitude number cases decided last several decades pushed pendulum far beyond neutral attitude endorsed policy strongly favors private strength policy preference echoed recent appeals opinions sense therefore standing shoulders points cases basis narrow construction exclusion little doubt interpretation act given scope far beyond expectations congress enacted see southland keating stevens concurring part dissenting part dissenting necessarily wrong put imprint statute refusal look beyond raw statutory text enables disregard countervailing considerations expressed members enacting congress remain valid today misuses authority history legislation indicates potential disparity bargaining power individual employees large employers source organized labor opposition act feared require courts enforce unfair employment contracts concern justice souter points see post underlay congress exemption contracts employment mandatory arbitration simply ignores interest unrepresented employee skews interpretation policy preferences case illustrates wisdom observation made justice aharon barak israel perceptively noted minimalist judge holds purpose statute may learned language discretion judge seek guidance every reliable source judicial discretion kaufmann transl method statutory interpretation deliberately uninformed hence unconstrained may produce result consistent views things may also defeat purpose provision enacted sad result case respectfully dissent circuit city stores petitioner saint clair adams writ certiorari appeals ninth circuit march justice souter justice stevens justice ginsburg justice breyer join dissenting section federal arbitration act faa act provides enforceability written arbitration clause maritime transaction contract evidencing transaction involving commerce exempts act coverage contracts employment seamen railroad employees class workers engaged foreign interstate commerce whatever understanding congress implied admiralty power may act passed commerce power thought far narrower subsequently come see consequence two quite different ways reading scope act provisions one way say example coverage provision extends contracts involving commerce understood covered read exercising congress commerce jurisdiction modern conception way thought implement limited view commerce clause first possibility result statutory ambit frozen time behooving congress amend statute whenever desired expand arbitration clause enforcement beyond scope second produce elastic reach based understanding congress used language intended go far congress go whatever might time terminix dobson decided elastic understanding sensible way give effect congress intended legislated cover contracts involving commerce phrase found apt way providing coverage extend outer constitutional limits commerce clause question whether similarly general phrase exemption referring contracts class workers engaged foreign interstate commerce receive correspondingly evolutionary reading expand exemption employment contracts keep pace enhanced reach general enforceability provision tempting answer yes principle sauce goose sauce gander sobering realize courts appeals albeit fits starts noted justice stevens ante dissenting opinion overwhelmingly rejected evolutionary reading accepted appeals case see ante opinion citing cases majority puts imprimatur majority view among courts appeals number courts arrayed reading exemption way allow grow parallel expanding coverage reflects fact minority view faces two hurdles textually based apparent face act first language coverage contract evidencing transaction involving commerce different language exemption contract worker engaged commerce second engaged commerce catchall phrase exemption placed text following specific exemptions employment contracts seamen railroad employees placement possibly indicates workers excused arbitrating virtue catchall exclusion must resemble seamen railroad workers perhaps employees actually handle move goods shipped interstate internationally neither hurdle turns bar however first objection best inconclusive weaker grounds reject second even certainly inapposite reasons stated misunderstood congress plenary exercise commerce power deals contracts workers engaged commerce contracts detailing transactions involving commerce answer easy yes insofar former class labor contracts latter limited point question whether congress used language indicating meant cover many contracts commerce clause allows reach within class contracts addressed examined context held involving commerce showed plenary intention even though time decided case long understood affecting commerce quintessential expression intended plenary exercise commerce power supra see also wickard filburn looking context time reach conclusion phrase engaged commerce description employment contracts exempted act act passed commerce power closely confined case law indicated employment relationships subject commerce power workers actually engaged interstate commerce compare employers liability cases suggesting regulation employment relations railroad employees actually engaged operation interstate commerce permissible commerce clause regulation railroad company clerical force hammer dagenhart invalidating statute necessary effect regulat ing hours labor children factories mines within thus using engaged exclusion congress showed intent exclude limit power cover employment contracts first place clearly use involving commerce showed intent legislate hilt commercial contracts general level conclusion fact borne statement commerce herbert hoover suggested congress exclusion language adopted objection appears inclusion workers contracts law scheme sales contracts sell interstate foreign commerce federal commercial arbitration hearing subcommittee senate committee judiciary hereinafter hearing et cites ftc bunte brothers american building maintenance industries gulf oil copp paving proposition engaged acquired restricted meaning term art immune tampering ante none cited cases dealt question whether exemption language read petrified coverage language read grow cases support unwillingness look beyond four corners statute determine whether words question necessarily uniform meaning whenever used congress ante quoting american building maintenance supra compare ante need assess legislative history exclusion provision american building maintenance supra examining legislative history agency enforcement clayton act resolving meaning engaged commerce good reason therefore reject reading engaged expression intent legislate full extent commerce power employment contracts statute accordingly entitled coherent reading whole see king vincent hospital treating exemption employment contracts keeping pace expanded understanding commerce power generally second hurdle cleared easily still shown like courts appeals majority today finds great significance fact generally phrased exemption employment contracts workers engaged commerce stand alone occurs end sequence specific exemptions contracts employment seamen railroad employees class workers engaged foreign interstate commerce like courts sees sequence occasion apply interpretive maxim ejusdem generis specific terms followed general one latter meant cover examples sort preceding specifics sort thought contracts transportation workers employees transporters carriers commerce course excludes respondent adams benefit exemption employed retail seller like many interpretive canons however ejusdem generis fallback good reasons apply put aside norfolk western train dispatchers good reasons adams argued imputing something odd working congressional brain say congress took care bar application act class employment contracts obviously authority legislate contracts workers employed carriers handlers commerce covering employees engaged less obvious ways whose coverage litigation might anticipated uncertain results seem made sense either cover coverable employment contracts exclude fact exclusion might well order based concern arbitration prove expensive unfavorable employees many lack bargaining power resist arbitration clause prospective employers insist excluding employment contracts act enforcement mandatory arbitration clauses consistent secretary hoover suggestion exemption language respond objection inclusion workers contracts tries deflect anomaly excluding carrier contracts suggesting congress used reference seamen rail workers indicate class employees whose employment relations already legislated likely legislate future ante explanation however nothing eliminate anomaly contrary explanation tells us congress might referred specifically sea rail workers also indicates congress almost certainly intended catchall phrase broad terms without interpretive squeeze name ejusdem generis fact points congress already spoken subjects sailors rail workers tailored legislation particular circumstances sea rail carriers may well reason mentioning specifically making specific references case act special care make sure faa construed modify existing legislation exactly aimed reason limit general faa exclusion applying employment contracts targeted special legislation congress need worry especially faa effect legislation exist contemplated workers uncovered specific legislation congress write clean slate wrote general exclusion employment contracts within congress power regulate understood point holding existence special reason emphasizing specific examples statutory class negate inference otherwise unqualified general phrase meant apply matters ejusdem reading history explanation catchall ejusdem generis instead explanation specifics ex abundanti cautela abundance caution see fort stewart schools flra nothing stands way construing coverage exclusion clauses together consistently coherently respectfully dissent footnotes event precluded decision terminix dobson held faa evinces congress intent exercise full commerce clause power case involve contract employment consider whether contracts fall within either category coverage provision however broadly construed light legislative history detailed ante consistent understanding mills introduced original bill house explained provides commercial contracts disagreement contract en force arbitration agreement way portions contract cong emphasis added senate chairman new york chamber commerce one many business organizations requested introduction bill testified needed enable business men settle disputes expeditiously economically reduce congestion federal state courts hearing subcommittee senate committee judiciary hearing emphasis added see also letter hoover secretary commerce may know strongly impressed urgent need federal commercial arbitration act american bar association joined hands business men country effect unanimously approved bill drafted aba committee introduced houses congress emphasis added sess sess see cong rec aritime transactions defined charter parties bills lading water carriers agreements relating wharfage supplies furnished vessels repairs vessels seamen wages collisions matters foreign interstate commerce subject controversy embraced within admiralty jurisdiction although illustrative definition contract evidencing transaction involving commerce draft defined commerce commerce among several foreign nations territory district columbia territory another territory state foreign nation district columbia state territory foreign nation considered together definitions embrace maritime nonmaritime commercial transactions one possible exception remotely suggest coverage employment contracts exception seamen wages eliminated time bill reintroduced next session congress exclusions added see joint hearings subcommittees committees judiciary joint hearings see also infra definitions enacted amended remain essentially today stated bill provides reintroduction forced involuntary labor freeman necessities shall induced sign contracts signed esau agreed hungry desire live caused slavery begin continue growing hunger modern society able resist personal hunger seaman hunger wife children railroad man surely tempt sign sundry workers interstate foreign commerce proceedings annual convention international seamen union america emphasis added see hearing see also textile workers lincoln mills frankfurter dissenting see joint hearings indeed postenactment comment amendment executive council american federation labor reported protests american federation labor international seamen union brought amendment provides nothing herein contained shall apply contracts employment seamen railroad employees class workers engaged foreign interstate commerce exempted labor provisions law although sponsors denied intention include labor disputes proceedings annual convention american federation labor lincoln mills textile workers rev grounds electrical workers miller metal products electric motor coach employees pennsylvania greyhound lines apparently two circuits shared view see mercury oil refining oil workers hod carriers electrical workers general elec aff grounds hoover motor express teamsters see brief petitioner textile workers lincoln mills pp justice frankfurter words naturally enough find rejection though explicit availability federal arbitration act enforce arbitration clauses agreements silent treatment given act opinion act authorizes federal courts enforce arbitration provisions contracts generally specifically denies authority decree remedy contracts employment available hardly spin power empty darkness make rejection explicit recognizing congress passed legislation enable arbitration agreements enforced federal courts saw fit exclude remedy respect labor contracts textile workers lincoln mills dissenting opinion see gilmer lane dissenting opinion see gilmer lane rodriguez de quijas express express mcmahon mitsubishi motors soler southland keating moses cone memorial hospital mercury constr prima paint flood conklin mfg see hilton head circuit courts uniformly reasoned strong federal policy favor arbitration requires narrow reading section exemption thus courts limited section exemption seamen railroad workers workers actually involved interstate transportation goods footnotes compare asplundh tree expert bates construing exclusion narrowly willis dean witter reynolds concluding dicta contracts employment generally excluded gatliff coal cox arbitration act excluded employment contracts see also craft campbell soup noting intracircuit inconsistency repeatedly explained canon triggered uncertain statutory text garcia gooch overcome inter alia contrary legislative history watt western nuclear today turns practice upside using ejusdem generis establish text clear legislative history irrelevant ante senator walsh expressed concern subcommittee hearing faa trouble matter great many contracts entered really voluntary things good many contracts employment man says terms right take leave well nothing man except sign surrenders right case tried tried tribunal confidence hearing et watt western nuclear supra concluded ejusdem generis canon apply words coal minerals special reasons expressly addressing coal negate inference phrase minerals meant reserve substances ejusdem generis namely congress wanted make clear coal reserved even though existing law treated differently minerals