Prudential Securities Incorporated v. Mcclellan

OPINION DELIVERED: November 16, 1995 On Petition for Writ of Mandamus Prudential Securities Incorporated, John Rhoades, Kevin O'Friel, Kent Varner, Joe Nittolo, and Mike McClain seek mandamus relief from a trial court order denying arbitration of several libel and slander claims asserted against them by the real parties in interest, former Prudential stockbrokers Edwin Troy Hawkins and Francis Moise. Because we conclude that the claims are within the scope of arbitration agreements Hawkins and Moise entered into with Prudential, we conditionally grant the relief requested. While employed at Prudential, Hawkins and Moise each signed Uniform Applications for Securities Industry Registration or Transfer in which they agreed to arbitrate ""any dispute, claim or controversy that may arise between [them and Prudential] . . . that is required to be arbitrated under the rules"" of organizations with which they were registered. Hawkins and Moise were both registered with the New York Stock Exchange. Rule 347 of the Board of Directors of the New York Stock Exchange provides that ""[a]ny controversy between a registered representative and any member or member organization arising out of the employment or termination of employment of such registered representative . . . shall be settled by arbitration."" (Emphasis added). Hawkins and Moise do not dispute that they are bound by this rule.