AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


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Access to Courts & ADR

     Access to Courts & 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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