News Notes: Arbitration Provision In Union Contract Doesn’t Preclude Whistleblower Lawsuit

The Ninth Circuit Court of Appeals has ruled a labor arbitration provision in a collective bargaining agreement doesn’t bar an employee from filing a lawsuit claiming he or she was discharged in retaliation for filing a complaint with Cal-OSHA. This is true unless the union contract contains a “clear and unmistakable” waiver of the employee’s individual right to sue for such retaliatory discharge. The court added that the employee in this case didn’t waive his right to sue for retaliatory discharge merely because he also filed a grievance under the union contract based on his termination.