TITLE

CIVIL RIGHTS CLAIM -- ARBITRATION IS NOT A WAIVER OF TRIAL DE NOVO

PUB. DATE
June 1976
SOURCE
Arbitration Journal;Jun76, Vol. 31 Issue 2, p144
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article focuses on a court decision related to civil rights of employees. The fact that a discharged employee's "unjust discharge" complaint resulted in a decision by the arbitrator in favor of the employer did not preclude the Michigan Civil Rights Commission from instituting proceedings on the employee's complaint alleging unfair discriminatory practices with regard to previous suspension by the employer. This was so because the arbitrator's opinion gave no consideration to the possibility of racial discrimination. The trial court should consider the employee's civil rights claim de novo and admit the arbitral decision as evidence to be accorded such weight as the court deems appropriate. The policy favoring arbitration of labor disputes and the policy against discriminatory employment practices can best be accomplished by permitting the employee to pursue fully both his remedy under the grievance-arbitration clause of the collective bargaining agreement and his cause of action under statutes and constitutional provisions relating to civil rights.
ACCESSION #
17334163

 

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