Discrimination grievances in arbitration

Agreements reached through industrial grievance arbitration are generally viewed by the courts to be binding and final, provided the dispute is arbitrable and the arbitrator does not exceed his or her contractual authority. An exception, however, is in the area of discrimination; protection from discrimination is a right that supersedes the collective rights of a labor contract. Discrimination arbitration may be subject to judicial review. Discrimination grievances are rare; only about 2 percent of all arbitration involves discrimination, because employees who feel discriminated against are more likely to sue in court. The nature of discrimination cases, the use of law in arbitrating discrimination grievances, and arbitrators' standards when faced with discrimination cases are discussed.