Bernhardt v. Polygraphic Co

In Bernhardt v. Polygraphic Co., 350 U.S. 198 (1956), plaintiff sought to invoke the arbitration act with respect to an employment contract entered into in New York, but which was to be performed in Vermont. Id. at 199. The Court held that the FAA did not apply because the contract did not evidence "'a transaction involving commerce.'" Id. at 200. The Court's finding was based upon the absence of any proof demonstrating that plaintiff "while performing his duties under the employment contract was working 'in' commerce, was producing goods for commerce, or was engaging in activity that affected commerce." Id. at 201.