[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)] [Notices] [Pages 25096-25097] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-11599] ----------------------------------------------------------------------- SECURITIES AND EXCHANGE COMMISSION [Release No. 34-41350; File No. SR-PCX-99-02] Self-Regulatory Organizations; Pacific Stock Exchange, Inc.; Order Granting Approval to Proposed Rule Change Relating to Matters Subject to Arbitration I. Introduction On February 3, 1999, the Pacific Stock Exchange, Inc. (``PCX'' or ``Exchange'') filed with the Securities and Exchange Commission (``Commission'' or ``SEC'') a proposed rule change pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4 thereunder.\2\ The proposed rule change would amend PCX Rule 12.1 to allow for claims related to employment, including sexual harassment, or any discrimination claim in violation of a statute, to be eligible for submission to arbitration only where all parties have agreed to arbitration after the claim has arisen. Notice of the proposed rule change, together with the substance of the proposal, was provided in a Commission release and in the Federal Register.\3\ The Commission received no comment letters. This Order approves the proposed rule change. --------------------------------------------------------------------------- \1\ 15 U.S.C. 78s(b)(1). \2\ 17 CFR 240.19b-4. \3\ Exchange Act Release No. 41206 (March 23, 1999) 64 FR 15388 (March 31, 1999). --------------------------------------------------------------------------- [[Page 25097]] II. Description of the Proposal The proposed rule change will modify the current requirement in PCX Rule 12.1 that any employment-related disputes between a registered representative and a member or member organization be addressed by arbitration. The proposal provides that claims related to employment, including sexual harassment, or any discrimination claim in violation of a statute, are eligible for arbitration at the Exchange only if the parties agree to arbitrate the claims after they arise. The proposed rule change is the most recent in a series of rule changes implemented by self regulatory organizations (``SROs'') which modify or clarify exchange rules with regard to arbitration of employment related claims, including claims of sexual harassment.\4\ The proposed rule change is substantially similar to the rule changes the Commission approved for the other SROs; however, PCX has broadened the scope of the previously approved rule changes, to mandate that all claims related to employment, including sexual harassment, or any discrimination claim in violation of a statute, are eligible for arbitration at the Exchange only if the parties agree to arbitrate the claims after they arise. --------------------------------------------------------------------------- \4\ See Exchange Act Release No. 40109 (June 22, 1998) 63 FR 35299 (June 29, 1998) (National Association of Securities Dealers (``NASD'') no longer requires associated persons, solely by virtue of their association or registration with the NASD, to arbitrate claims of statutory employment discrimination); Exchange Act Release No. 40858 (December 29, 1998) 64 FR 1051 (January 7, 1999) (New York Stock Exchange removes mandatory arbitration of statutory employment discrimination claims from its rules, allowing arbitration only pursuant to a post-dispute agreement to arbitrate); Exchange Act Release No. 40861 (December 29, 1998) 64 FR 1039 (January 7, 1999) (Boston Stock Exchange excludes from mandatory arbitration any employee dispute between a registered representative or associated persons and a member organization alleging employment discrimination in violation of a statute, including sexual harassment, unless the parties agree to arbitrate the claim after it has arisen); Exchange Act Release No. 41080 (February 22, 1999) 64 FR 10033 (March 1, 1999) (Chicago Board Options Exchange adopts new Interpretation .03 under Exchange Rule 18.1 to clarify that a claim involving employment discrimination, including sexual harassment, is not appropriate for mandatory arbitration at the Exchange). --------------------------------------------------------------------------- III. Discussion Under the Act, SROs are assigned rulemaking and enforcement responsibilities to perform their role in regulating the securities industry for the protection of investors and other related purposes. Pursuant to section 19(b)(2) of the Act,\5\ the Commission is required to approve an SRO's proposed rule change if the Commission determines that the proposal is consistent with applicable statutory standards. These standards include section 6(b)(5) of the Act,\6\ which provides that the Exchange's rules must be designed to, among other things, ``promote just and equitable principles of trade,'' and ``protect investors and the public interest.'' Section 6(b)(5) also provides that the Exchange's rules may not be designed to ``regulate * * * matters not related to the purposes of the [Exchange Act] or the administration of the [Exchange].'' --------------------------------------------------------------------------- \5\ 15 U.S.C. 78s(b)(2). \6\ 15 U.S.C. 78f(b)(5). --------------------------------------------------------------------------- The Exchange's proposed rule change is consistent with section 6(b) of the Act in general, and furthers the objectives of section 6(b)(5) of the Act in particular, in that it is designed to promote just and equitable principles of trade and the protection of investors and the public interest by improving the administration of an impartial arbitration forum for the resolution of disputes between members and persons associated with members. Furthermore, the proposed rule change is intended to provide uniformity throughout the securities industry as other SROs have modified or clarified their rules with regard to the arbitration of employment related claims. It is reasonable for the Exchange to make a policy determination that in this unique area it will not, as an SRO, permit the use of arbitration unless there is a post-dispute agreement. It is also not improper under the Act for one SRO's policy determination to differ from that of another. V. Conclusion It is therefore ordered, pursuant to section 19(b)(2) of the Act,\7\ that the proposal, SR-PCX-99-02, be and hereby is approved.\8\ \7\ 15 U.S.C. 78s(b)(2). \8\ In approving the proposal, the Commission has considered the rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f). --------------------------------------------------------------------------- For the Commission, by the Division of Market Regulation, pursuant to delegated authority.\9\ --------------------------------------------------------------------------- \9\ 17 CFR 200.30-3(a)(12). --------------------------------------------------------------------------- Margaret H. McFarland, Deputy Secretary. [FR Doc. 99-11599 Filed 5-07-99; 8:45 am] BILLING CODE 8010-01-M