Civil rights statutes trump collective bargaining agreement’s arbitration clause unless the wording of the clause regarding arbitrating civil rights complaints is “clear and unmistakable”
Civil rights statutes trump collective bargaining agreement’s arbitration clause unless the wording of the clause regarding arbitrating civil rights complaints is “clear and unmistakable”
If the relevant collective bargaining agreement’s arbitration clause does not include language requiring the arbitration of statutory discrimination or retaliation claims with wording that is “clear and unmistakable,” the employee may seek to vindicate his or her claims of unlawful discrimination or retaliation as provided in the controlling statute or statutes. The court vacated the district court's grant of defendants' motion to compel arbitration and dismissed the complaint.
The decision is posted on the Internet at:
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
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