Just because an employee has a union contract doesn’t mean they have to send their discrimination case to arbitration, according to a ruling filed September 23, 2013 decision ordered published on October 15, 2013.
On appeal from a Los Angeles County case, the appellate court reviewed the case about a nurse’s assistant who was a union member. She filed a case with claims including discrimination, and her employer filed a motion to compel arbitration. The trial court denied the motion. The higher court looked at California contract law principles and found that the trial court’s decision was correct because the union agreement did not apply to Fair Employment and Housing Act claims, citing case law which said requirements to arbitrate statutory claims in a union agreement must be “particularly clear” and a waiver of rights to have discrimination claims heard in court must be “clear and unmistakable.
Mendez v. Mid-Wilshire Health Care Center – Second District, Div. Seven 2013 S.O.S. B243144[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]