Wednesday, November 13, 2013

Another CBA that Isn't Clear Enough to Require Arbitration of FEHA Claims

Volpei v. County of Ventura, No. B243954 (D2d6 Nov. 7, 2013)

This case deals with whether a union employee's statutory discrimination claims can be compelled into arbitration based on an arbitration clause in a collective bargaining agreement. It is in all principle respects the same as last month’s Mendez decision. The court of appeal affirms the trial court’s denial of an employer’s motion to compel arbitration of a union employee’s Fair Housing & Employment Act claims. Because the collective bargaining agreement did provide a clear and unmistakable waiver of the employee’s right to a judicial forum for his statutory claims, the trial court correctly denied the motion to compel.


Affirmed.


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