Watch out if a union represents some of your employees, and the union contract does not bar federal discrimination lawsuits. A federal court has ruled that unless there’s a provision making arbitration the exclusive remedy, employees can simultaneously pursue arbitration and litigation.
Recent case: Aaron Jackson claimed that his employer, O.K. Grocery Co., interfered with his right to takeand then fired him. Because Jackson’s union contract allows it, the employer and union began the arbitration process. But Jackson also sued in federal court on the exact same issues.
Because the union contract did not say arbitration is binding or that it is the sole remedy for discrimination complaints, a court said it would allow Jackson’s lawsuit to go forward. (Jackson v. O.K. Grocery, No. 11-0231, WD PA, 2011)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Fired after cancer diagnosis, Nacogdoches bus driver sues
- Batali's employees rake in millions in belated tip income
- California Supreme Court grants new free-Speech power to unions and customers
- What are the pitfalls of 'double-breasting' to win nonunion contracts?