Wade v. Ports America Management Corp.

Opinion

MANELLA, J.

INTRODUCTION

Camargo v. California Portland Cement Co. (2001) 86 Cal.App.4th 995 [103 Cal.Rptr.2d 841] (Camargo) held that a labor arbitration pursuant to a collective bargaining agreement (CBA) has no preclusive effect on a claim pursuant to the California Fair Employment and Housing Act (FEHA), Government Code section 12940 et seq., unless the parties expressly agreed to arbitrate FEHA claims. (Camargo, at p. 1008.) On appeal, Calvin Wade contends this holding should be extended to common law claims related to the FEHA, such as a claim for wrongful termination in violation…