841 F.3d 81
2d Cir.2016Background
- Winston Lawrence, a Black West Indian porter employed by Sol G. Atlas Realty since 1994, sued his employer, his supervisor, and the CEO for race/national-origin discrimination and retaliation under Section 1981, Title VII, NYSHRL, FLSA, and NYLL.
- Lawrence is a member of SEIU Local 32BJ and his employment is governed by a collective bargaining agreement (CBA) between the Union and Atlas.
- Article X, Clause 23 of the CBA ("No Discrimination") bars discrimination on grounds including "any characteristic protected by law" and makes "any disputes under this provision" subject to the CBA grievance-and-arbitration procedure (Article V).
- Article V establishes arbitration as the exclusive method for resolving "any dispute or grievance between the Employer and the Union," but does not expressly reference statutory claims or specific statutes.
- The district court granted defendants’ motion to compel arbitration, finding the CBA contained a "clear and unmistakable" waiver of Lawrence’s right to a judicial forum; the Second Circuit reviews that decision de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the CBA contains a "clear and unmistakable" waiver of Lawrence’s right to litigate statutory discrimination and retaliation claims in federal court | Lawrence: CBA arbitration language covers contractual disputes only; it does not expressly incorporate statutory causes of action or name statutes | Atlas: The CBA’s broad no-discrimination clause and the arbitration scheme manifest intent to arbitrate discrimination-related disputes, including statutory claims | CBA does not clearly and unmistakably waive judicial forum for statutory discrimination/retaliation claims; arbitration compelled only for contractual disputes under the provision |
Key Cases Cited
- Wright v. Universal Mar. Serv. Corp., 525 U.S. 70 (arbitration waiver of statutory claims must be "clear and unmistakable")
- Rogers v. New York Univ., 220 F.3d 73 (2d Cir.) (CBA must explicitly cover statutory claims to waive judicial forum)
- Alexander v. Gardner-Denver Co., 415 U.S. 36 (statutory claims assert independent rights distinct from contractual grievances)
- Jackson v. Birmingham Bd. of Educ., 544 U.S. 167 (retaliation is a form of discrimination)
- M & G Polymers USA, LLC v. Tackett, 135 S. Ct. 926 (contract interpretation follows ordinary principles of contract law; did not alter the "clear and unmistakable" standard)