Legal Opinion

Torrez v. Consolidated Freightways Corp. of Delaware

California Court of Appeal

Decided October 31, 1997No. H015966PublishedCited by 9 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

COTTLE, P. J.—

I

In the published portion of this opinion, we are asked to determine whether an employee may be compelled to arbitrate a statutory discrimination claim under the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) where the employee’s union has entered into a collective bargaining agreement with the employer to arbitrate all employment-related claims. In Austin v. Owens-Brockway Glass Container, Inc. (4th Cir. 1996) 78 F.3d 875 (Austin), a divided court held that an arbitration provision in a collective bargaining agreement was enforceable with respect…

2Cases cited34 opinions

  1. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  2. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  3. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  4. Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
  5. Livadas v. BradshawSupreme Court of the United States · 1994

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3Cited by9 opinions

  1. Morgan v. Regents of the University of CaliforniaCalifornia Court of Appeal · 2000
  2. Deschene v. Pinole Point Steel Co.California Court of Appeal · 1999
  3. Kelly v. Vons Companies, Inc.California Court of Appeal · 1998
  4. Frank v. County of Los AngelesCalifornia Court of Appeal · 2007
  5. Vasquez v. Superior CourtCalifornia Court of Appeal · 2000

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