Francini v. Phoenix Newspapers, Inc.

OPINION

GARBARINO, Judge.

In this appeal, we consider whether the trial court correctly dismissed an employee’s disability discrimination action because he had not utilized the grievance procedures in the applicable collective bargaining agreement. We hold that the agreement did not cover statutory claims, and thus the employee was not required to exhaust the collective bargaining agreement remedies before bringing his statutory action.

FACTUAL AND PROCEDURAL HISTORY 1

Appellant Linus Francini (Francini) has been deaf since birth. In February 1981, appellee Phoenix Newspapers, Inc. (PNI) hired…