This casenote addresses the effect of mandatory arbitration provisions in collective bargaining agreements (CBA) upon statutory anti-discrimination claims. Disputes in this area arise when an employee joins a union, thus becoming subject to a CBA negotiated between the union and the employees. What often happens is that the CBA will generally contain a clause calling for arbitration of all claims arising under the agreement. Later, if the employee believes he has been subjected to discriminatory practices on the part of the employer and seeks remedies under anti-discrimination laws, such as Title VII, the employer will move to compel arbitration. The issue in such cases is whether an employee loses the right to pursue a judicial remedy by joining a union governed by a CBA.
Ann E. Ahrens,
Collective Bargaining Agreements, Arbitration Provisions and Employment Discrimination Claims: Compulsory Arbitration or Judicial Remedy - Johnson v. Bodine Electric Co.,
1999 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1999/iss1/6