AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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& ADR Appeals court rejects a declaratory judgment lawsuit challenging
a requirement that prospective public employees sign an arbitration agreement
as a condition of employment Wyatt v. Govt. of the Virgin Islands, #02-2695,
385 F.3d 801, 2004 U.S. App. Lexis 21174 (3d Cir. 2004). {N/R}
Federal court holds that an employer cannot
rely on an e-mail sent to workers to justify the adoption of a policy exclusively
substituting arbitration in place of judicial remedies. Campbell v. General
Dynamics, #03-11848, 2004 U.S. Dist. Lexis 10552 (D. Conn. 2004). [2004
FP Sep]
Seventh Circuit holds that the promises an
applicant makes in order to obtain employment, including the obligation
to arbitrate Title VII discrimination claims, are enforceable. Oblix v.
Winiecki, #03-2794, 2004 U.S. App. Lexis 13470 (7th Cir. 2004). {N/R}
A police officer's civil rights suit against
the city and others was properly dismissed because of his attorney's delays
and lack of prosecution of the claims. Gripe v. City of Enid, #01-6430,
312 F.3d 1184, 2002 U.S. App. Lexis 24590 (10th Cir. 2002). {N/R}
An arbitration clause in the employee handbook
was not enforceable as to FMLA or ADA claims, where the handbook's introduction
states that it is not a contract. Sherry v. Sisters of Charity Med. Ctr.,
1999 U.S. Dist. Lexis 6623, 5 WH Cases2d 1132 (E.D.N.Y. 1999). {N/R}
The EEOC was not bound by an arbitration
agreement between an ADA claimant and the employer. EEOC v. Waffle House,
93 F.3d 805, 1999 U.S. App. Lexis 24911, 9 AD Cases (BNA) 1313 (4th Cir.
1999). {N/R}
Supreme Court allows arbitration agreements
of discrimination claims, but only when the waiver of statutory rights
is "clear and unmistakable." Wright v. Universal MSC, #97-889,
119 S.Ct. 391, 1998 U.S. Lexis 7270. [1999 FP 35]
In 2-1 decision, the 9th Circuit rejected
the majority view among the federal circuits that the Federal Arbitration
Act applies to all employment contracts, except those who actually work
in interstate commerce. The plaintiff had brought a race discrimination
Title VII action. Craft v. Campbell Soup, 1998 U.S. App. Lexis 30580, 161
F.3d 1199, #98-15060 (9th Cir.). {N/R}
Federal Court in San Francisco overturns
a clause in a binding arbitration agreement that forced an employee to
pay for half the costs of arbitrating her claims. Davis v. LPK, #C-97-3998,
1998 U.S. Dist. Lexis 3504 (N.D.Cal.). [1998 FP 67]
California appellate court upholds a clause
in an employment contract that he waives the right to sue the organization's
management as individuals. Farnham v. Super. Court (Sequoia), 60 Cal.App.4th
69, 1997 Cal.App. Lexis 1056, 70 Cal.Rptr.2d 85. [1998 FP 67-8]
Seventh Circuit declines to enforce arbitration
clauses for the resolution of statutory claims. Pryner v. Tractor Supply
Co., 109 F.3d 354 (7th Cir. 1997). [1998 FP 3]
Requiring the execution of an arbitration
agreement as a condition of continuing at-will employment does not constitute
economic duress or coercion. Borg-Warner v. Gottlieb, 1997 U.S. App. Lexis
15516 (9th Cir.). {N/R}
Federal Mediation and Conciliation Service
issues final rules for arbitration services. 29 C.F.R. Part 1404, 35 (1721)
G.E.R.R. (BNA) 880-885 (Eff. 9/97). {N/R}
National Academy of Arbitrators opposes mandatory
arbitration of statutory rights in employment cases, but also issues guidelines
for arbitrators hearing those disputes. Statement and guidelines on arbitration
of statutory claims, website: www.naarb.org/ [1997 FP 147]
Federal appeals court enforces a mandatory
pre-dispute arbitration agreement. However, an employer must pay all arbitrator
fees if it chooses to enforce the agreement. Cole v. Burns Intl. Security
Serv., 105 F.3d 1465, 1997 U.S.Dist. Lexis 2223 (D.C. Cir.). [1997 FP 51]
Agreement in job application was unenforceable
for lack of valid consideration. Employer gave nothing in return. Brooks
v. Circuit City, 1996 U.S. Dist. Lexis 9869, 71 FEP Cases (BNA) 102 (D.Md.
1997). {N/R}
Clause in collective bargaining agmt. expressly
applying to federal statutory discrimination claims, which could be invoked
by union an employer was enforceable against the employee. Martin v. Dana
Corp., 114 F.3d 421 (3rd Cir. 1997). {N/R}
The 9th Circuit federal appeals court rejects
employer's claim that a mandatory arbitration provision in an employee's
handbook can waive a worker's statutory rights. Nelson v. Cyprus, 1997
U.S.App. Lexis 17066, 119 F.3d 756 (9th Cir.). [1997 FP 137-8]
Agreement to arbitrate Family & Medical
Leave Act claims is valid and enforceable. O'Neil v. Hilton Head Hosp.,
115 F.3d 272, 12 IER Cases (BNA) 1579 (4th Cir. 1997). {N/R}
Federal court concludes that an employee
was not required to exhaust grievance and arbitration procedures before
filing suit under the ADA. The contract language bound the union and employer,
not the worker, and the Congress did not intend that ADA litigation rights
could be waived by an employee's union. Hill v. Amer. Natl. Can Co., 952
F.Supp. 398, 1996 U.S. Dist. Lexis 20785 AD Cases (BNA) 154 (N.D.Tex. 1996).
{N/R}
Police officer not entitled to bring a damage
suit against his department as a "John Doe," even though he might
suffer embarrassment from public attention to his complaints. Doe v. Goldman,
169 F.R.D. 138 (D.Nev 1996). [1997 FP 115]
Employees could bring a civil suit for unpaid
overtime wages, even though the bargaining agreement provided for arbitration
of wage claims. Washington appellate court holds that a state wages statute
created non-negotiable rights that could not be the subject of interpretation
or compromise in a bargaining agmt. United F.&C.W.U. L-1001 v. Mutual
B.L.I.C., 925 P.2d 212, 1996 Wash. App. Lexis 593. {N/R}
Appeals court enforces employer's arbitration
clause on a sex discrimination claim. Brookwood v. Bank of America, 45
Cal.App.4th 1667, 53 Cal.Rptr.2d 515, 71 FEP Cases (BNA) 9 (1996). [1996
FP 163]
Federal court in Cal. dismisses employee's
breach of contract suit, containing an emotional distress claim. Worker
was bound by a mandatory arbitration clause relating to terminations. Prograph
Intl. v. Barhydt, 928 F.Supp. 983 (N.D.Cal. 1966). {N/R}
Federal appeals court enforces arbitration
agmt. in contract; Federal Arbit. Act applied. Piper Funds v. Piper Cap.
Mgmt., 71 F.3d 298 (8th Cir. 1995). {N/R}
Federal appeals court enforces a bargaining
agreement clause requiring arbitration of employment claims; worker was
not entitled to bring a suit to enforce her ADA claims. Austin v. Owens-Brockway,
78 F.3d 875 (4th Cir. 1996). [1996 FP 131]
Michigan Supreme Court declines to enforce
the arbitration clause in an employee handbook; employer reserved right
of unilateral modification. Heurtebise v. Reliable Bus. Computers, 11 IER
Cases (BNA) 1665, 452 Mich. 405, 550 N.W.2d 243, 1996 Mich. Lexis 1673.
[1996 FP 147]
EEOC announces it opposes "agreements
as a condition of initial or continued employment that mandate binding
arbitration of employment discrimination disputes" and it will continue
to process complaints without regard to the existence of such agreements.
EEOC Policy Statement on Alternative Dispute Resolution (7-17-95), Daily
Lab. Rep. (BNA) 7-18-95 A-1, E-13. {N/R}
EEOC filed a "friend of the court"
brief in U.S. Appeals Court hearing, unsuccessfully urging the panel to
hold that arbitration agreements not specifically signed by the concerned
employee are unenforceable. Austin v. Owens-Brockway Glass, #94-1213, reported
at 78 F.3d 875 (4th Cir. 1996).
Federal appeals court reinstates a federal
civil rights suit claiming wrongful discharge. Former constable did not
have to exhaust her administrative remedies before filing suit against
the town government. Wilbur v. Harris, 53 F.3d 542 (2d Cir. 1995). [1995
FP 157]
Federal court enjoins an employer's ADR policy
that denied employees the right to litigate their employment discrimination
claims. Equal Employment Opportunity Cmsn. v. River Oaks Imaging, 67 FEP
Cases (BNA) 1243, 1995 U.S.Dist. Lexis 6140 (S.D.Tex.). [1995 FP 131]
Federal court concludes ADA claim is barred
because plaintiff failed to submit to the arbitration procedures required
under the collective bargaining agmt. Austin v. Owens-Brockway Glass Cont.
Inc., 844 F.Supp. 1103 (W.D.Va. 1994). Note: The case was affirmed at 78
F.3d 875 (4th Cir. 1996), see above. Result was questioned by another federal
court in Block v. Art Iron Inc., 3 AD Cases (BNA) 1361 (N.D.Ind. 1994),
in Schmidt v. Safeway, 3 AD Cases (BNA) 1141 (D.Ore. 1994) and Bruton v.
SEPTA, 3 AD Cases (BNA) 1170 (W.D. Pa. 1994). {N/R}
Michigan arbitrator decides employment rights
under the ADA, and upholds a unilateral transfer of a police lieutenant
to the day shift to accommodate his illness, despite the union's objection
that shift assignments are strictly controlled by a seniority clause in
the collectively bargained agreement. Dearborn Heights P.S.A. and City
of Dearborn Heights, 101 LA (BNA) 809, A.A.A. #54-39-0203-93 (Kanner, 1993).
[1994 FP 24-5]
Arbitrability of employment discrimination
complaints: see article at 9 (1) The Labor Lawyer (ABA) 71-96 (Winter 1993).
[Also available on Lexis].
Employees and applicants need not exhaust
their administrative appeals before pursuing a federal civil rights suit.
Patsy v. Florida Bd. of Regents, 102 S.Ct. 2257 (1982).
» See also: Arbitration
Procedures.
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