Collective Bargaining Agreement Must Clearly and Unmistakably Refer Statutory Discrimination Claims to Arbitration in Order Make Arbitration Mandatory
Defendant Mid-Wilshire Health Care Center appealed from an order denying its motion to compel arbitration and to stay a wrongful termination action filed by plaintiff Mendez, a nurse assistant. After determining the provisions of a collective bargaining agreement applied to plaintiff, a union member, even though plaintiff had not signed an arbitration agreement, the Court of Appeal agreed with the trial judge that the arbitration agreement failed to clearly and unmistakably refer statutory discrimination claims to arbitration. A collective bargaining agreement containing a broad arbitration clause coupled with general language about complying with the law will not pass the “clear and unmistakable waiver test.” Mendez v. Mid-Wilshire Health Care Center, Case No. B243144 (2nd Dist. Div. 7, filed Sept. 23, pub. order Oct. 15 2013).
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