The means of dispute resolution that is exclusively provided for in the collective bargaining agreement are some type of alternative dispute resolution mechanism. This can include mediation or arbitration. Usually arbitration is the method chosen.
The Supreme Court distinguished these exclusive remedy from the arbitration clauses in Gardner-Denver, Barrentine, and McDonald cases by stating that in this case it states in their union agreement that all grievances including employment related discrimination claims would be settled by arbitration. The Case of Garnder-Denver was upheld because the agreement in that case did not explicitly mention statutory claims. “Also, the majority opinion may be quite limited because it did not address whether
The Supreme Court distinguished these exclusive remedy from the arbitration clauses in Gardner-Denver, Barrentine, and McDonald cases by stating that in this case it states in their union agreement that all grievances including employment related discrimination claims would be settled by arbitration. The Case of Garnder-Denver was upheld because the agreement in that case did not explicitly mention statutory claims. “Also, the majority opinion may be quite limited because it did not address whether