Albertson's, Inc. v. United Food & Commercial Workers Union

SCHWARZER, Senior District Judge:

We must decide whether members of a labor union may assert claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19, in federal court without resort to the grievance-arbitration procedure under the collective bargaining agreement between their union and their employer. The district court held that the employees are not required to submit their claims to arbitration before bringing suit under the FLSA. We affirm although on somewhat different reasoning.

FACTS AND PROCEDURAL HISTORY

Albertson’s is a retail grocery chain with 800 stores in 19 states,…