alexander
argued
november
decided
february
following
discharge
employer
respondent
company
petitioner
black
filed
grievance
agreement
respondent
petitioner
union
contained
broad
arbitration
clause
petitioner
ultimately
claiming
discharge
resulted
racial
discrimination
upon
rejection
company
petitioner
claims
arbitration
hearing
held
prior
petitioner
filed
colorado
civil
rights
commission
racial
discrimination
complaint
referred
equal
employment
opportunity
commission
eeoc
arbitrator
ruled
petitioner
discharge
cause
following
eeoc
subsequent
determination
reasonable
ground
believe
violation
title
vii
civil
rights
act
occurred
petitioner
brought
action
district
alleging
discharge
resulted
racially
discriminatory
employment
practice
violation
act
district
granted
respondent
motion
summary
judgment
holding
petitioner
bound
prior
arbitral
decision
right
sue
title
vii
appeals
affirmed
held
employee
statutory
right
trial
de
novo
title
vii
civil
rights
act
foreclosed
prior
submission
claim
final
arbitration
nondiscrimination
clause
agreement
pp
title
vii
designed
supplement
rather
supplant
existing
laws
institutions
relating
employment
discrimination
may
inferred
legislative
history
title
vii
manifests
congressional
intent
allow
individual
pursue
rights
title
vii
applicable
state
federal
statutes
pp
doctrine
election
remedies
inapplicable
present
context
involves
statutory
rights
distinctly
separate
employee
contractual
rights
regardless
fact
violation
rights
may
resulted
factual
occurrence
pp
merely
resorting
arbitral
forum
petitioner
waive
cause
action
title
vii
rights
conferred
thereby
prospectively
waived
form
part
process
pp
arbitrator
authority
confined
resolution
questions
contractual
rights
regardless
whether
resemble
duplicate
title
vii
rights
pp
instituting
title
vii
action
employee
seeking
review
arbitrator
decision
thus
getting
district
put
two
strings
bow
employer
one
asserting
right
independent
arbitration
process
statute
gives
employees
possible
victims
discriminatory
employment
practices
permitting
employee
resort
judicial
forum
arbitration
procedures
followed
undermine
employer
incentive
arbitrate
employers
regard
benefits
pledge
arbitration
agreement
outweighing
costs
resulting
giving
employees
arbitral
antidiscrimination
remedy
addition
title
vii
judicial
remedy
pp
policy
deferral
federal
courts
arbitral
decisions
opposed
adoption
preclusion
rule
comport
congressional
objective
federal
courts
exercise
final
responsibility
enforcement
title
vii
lead
arbitrator
emphasis
law
shop
rather
law
land
factfinding
procedures
less
complete
followed
judicial
forum
perhaps
employees
bypassing
arbitration
favor
litigation
pp
considering
employee
claim
federal
may
admit
arbitral
decision
evidence
accord
weight
may
appropriate
facts
circumstances
case
pp
powell
delivered
opinion
unanimous
paul
spiegelman
argued
cause
petitioner
brief
russell
specter
robert
good
argued
cause
filed
brief
respondent
deputy
solicitor
general
wallace
argued
cause
amicus
curiae
urging
reversal
brief
solicitor
general
bork
assistant
attorney
general
pottinger
keith
jones
denis
gordon
eileen
stein
joseph
eddins
beatrice
rosenberg
briefs
amici
curiae
urging
affirmance
filed
milton
smith
jay
siegel
chamber
commerce
gerard
smetana
lawrence
cohen
alan
raywid
american
retail
federation
justice
powell
delivered
opinion
case
concerns
proper
relationship
federal
courts
machinery
agreements
resolution
enforcement
individual
rights
equal
employment
opportunities
title
vii
civil
rights
act
stat
et
seq
specifically
must
decide
circumstances
employee
statutory
right
trial
de
novo
title
vii
may
foreclosed
prior
submission
claim
final
arbitration
nondiscrimination
clause
agreement
may
petitioner
harrell
alexander
black
hired
respondent
company
perform
maintenance
work
company
plant
denver
colorado
june
petitioner
awarded
trainee
position
drill
operator
remained
job
discharge
employment
september
company
informed
petitioner
discharged
producing
many
defective
unusable
parts
scrapped
october
petitioner
filed
grievance
agreement
force
company
petitioner
union
local
steelworkers
america
union
grievance
stated
feel
unjustly
discharged
ask
reinstated
full
seniority
pay
explicit
claim
racial
discrimination
made
art
agreement
company
retained
right
hire
suspend
discharge
employees
proper
cause
article
provided
however
shall
discrimination
employee
account
race
color
religion
sex
national
origin
ancestry
art
stated
employee
discharged
suspended
given
written
warning
notice
except
cause
agreement
also
contained
broad
arbitration
clause
covering
differences
aris
ing
company
union
meaning
application
provisions
agreement
trouble
aris
ing
plant
disputes
submitted
multistep
grievance
procedure
first
four
steps
involved
negotiations
company
union
dispute
remained
unresolved
remitted
compulsory
arbitration
company
union
select
pay
arbitrator
decision
final
binding
upon
company
union
employee
employees
involved
agreement
provided
arbitrator
shall
amend
take
away
add
change
provisions
agreement
arbitrator
decision
must
based
solely
upon
interpretation
provisions
agreement
parties
also
agreed
shall
suspension
work
disputes
covered
clause
union
processed
petitioner
grievance
machinery
final
step
petitioner
raised
apparently
first
time
claim
discharge
resulted
racial
discrimination
company
rejected
petitioner
claims
grievance
proceeded
arbitration
prior
arbitration
hearing
however
petitioner
filed
charge
racial
discrimination
colorado
civil
rights
commission
referred
complaint
equal
employment
opportunity
commission
november
arbitration
hearing
november
petitioner
testified
discharge
result
racial
discrimination
informed
arbitrator
filed
charge
colorado
commission
rely
union
union
introduced
letter
petitioner
stated
knowledgeable
plant
others
scrapped
equal
amount
sometimes
excess
logical
reasoning
target
preferential
discriminatory
treatment
union
representative
also
testified
company
usual
practice
transfer
unsatisfactory
trainee
drill
operators
back
former
positions
december
arbitrator
ruled
petitioner
discharged
cause
made
reference
petitioner
claim
racial
discrimination
arbitrator
stated
union
failed
produce
evidence
practice
transferring
rather
discharging
trainee
drill
operators
accumulated
excessive
scrap
suggested
company
union
confer
whether
arrangement
feasible
present
case
july
equal
employment
opportunity
commission
determined
reasonable
cause
believe
violation
title
vii
civil
rights
act
et
occurred
commission
later
notified
petitioner
right
institute
civil
action
federal
within
days
petitioner
filed
present
action
district
district
colorado
alleging
discharge
resulted
racially
discriminatory
employment
practice
violation
act
district
granted
respondent
motion
summary
judgment
dismissed
action
supp
found
claim
racial
discrimination
submitted
arbitrator
resolved
adversely
petitioner
held
petitioner
voluntarily
elected
pursue
grievance
final
arbitration
nondiscrimination
clause
agreement
bound
arbitral
decision
thereby
precluded
suing
employer
title
vii
appeals
tenth
circuit
affirmed
per
curiam
basis
district
opinion
granted
petitioner
application
certiorari
reverse
ii
congress
enacted
title
vii
civil
rights
act
et
assure
equality
employment
opportunities
eliminating
practices
devices
discriminate
basis
race
color
religion
sex
national
origin
mcdonnell
douglas
green
griggs
duke
power
cooperation
voluntary
compliance
selected
preferred
means
achieving
goal
end
congress
created
equal
employment
opportunity
commission
established
procedure
whereby
existing
state
local
equal
employment
opportunity
agencies
well
commission
opportunity
settle
disputes
conference
conciliation
persuasion
aggrieved
party
permitted
file
lawsuit
equal
employment
opportunity
act
pub
stat
congress
amended
title
vii
provide
commission
authority
investigate
individual
charges
discrimination
promote
voluntary
compliance
requirements
title
vii
institute
civil
actions
employers
unions
named
discrimination
charge
even
amended
form
however
title
vii
provide
commission
direct
powers
enforcement
commission
adjudicate
claims
impose
administrative
sanctions
rather
final
responsibility
enforcement
title
vii
vested
federal
courts
act
authorizes
courts
issue
injunctive
relief
order
affirmative
action
may
appropriate
remedy
effects
unlawful
employment
practices
supp
ii
courts
retain
broad
remedial
powers
despite
commission
finding
reasonable
cause
believe
act
violated
mcdonnell
douglas
green
supra
taken
together
provisions
make
plain
federal
courts
assigned
plenary
powers
secure
compliance
title
vii
addition
reposing
ultimate
authority
federal
courts
congress
gave
private
individuals
significant
role
enforcement
process
title
vii
individual
grievants
usually
initiate
commission
investigatory
conciliatory
procedures
although
amendment
title
vii
empowers
commission
bring
actions
private
right
action
remains
essential
means
obtaining
judicial
enforcement
title
vii
supp
ii
cases
private
litigant
redresses
injury
also
vindicates
important
congressional
policy
discriminatory
employment
practices
hutchings
industries
bowe
jenkins
gas
see
also
newman
piggie
park
enterprises
pursuant
statutory
scheme
petitioner
initiated
present
action
judicial
consideration
rights
title
vii
district
appeals
held
however
petitioner
bound
prior
arbitral
decision
right
sue
title
vii
courts
evidently
thought
result
dictated
notions
election
remedies
waiver
federal
policy
favoring
arbitration
labor
disputes
enunciated
textile
workers
union
lincoln
mills
steelworkers
trilogy
see
also
boys
markets
retail
clerks
union
gateway
coal
mine
workers
america
disagree
iii
title
vii
speak
expressly
relationship
federal
courts
machinery
agreements
however
vest
federal
courts
plenary
powers
enforce
statutory
requirements
specifies
precision
jurisdictional
prerequisites
individual
must
satisfy
entitled
institute
lawsuit
present
case
prerequisites
met
petitioner
filed
timely
charge
employment
discrimination
commission
received
acted
upon
commission
statutory
notice
right
sue
see
mcdonnell
douglas
green
supra
suggestion
statutory
scheme
prior
arbitral
decision
either
forecloses
individual
right
sue
divests
federal
courts
jurisdiction
addition
legislative
enactments
area
long
evinced
general
intent
accord
parallel
overlapping
remedies
discrimination
civil
rights
act
et
congress
indicated
considered
policy
discrimination
highest
priority
newman
piggie
park
enterprises
supra
consistent
view
title
vii
provides
consideration
claims
several
forums
see
supp
ii
eeoc
supp
ii
state
local
agencies
supp
ii
federal
courts
general
submission
claim
one
forum
preclude
later
submission
another
moreover
legislative
history
title
vii
manifests
congressional
intent
allow
individual
pursue
independently
rights
title
vii
applicable
state
federal
statutes
clear
inference
title
vii
designed
supplement
rather
supplant
existing
laws
institutions
relating
employment
discrimination
sum
title
vii
purpose
procedures
strongly
suggest
individual
forfeit
private
cause
action
first
pursues
grievance
final
arbitration
nondiscrimination
clause
agreement
reaching
opposite
conclusion
district
relied
part
doctrine
election
remedies
doctrine
refers
situations
individual
pursues
remedies
legally
factually
inconsistent
application
present
context
submitting
grievance
arbitration
employee
seeks
vindicate
contractual
right
agreement
contrast
filing
lawsuit
title
vii
employee
asserts
independent
statutory
rights
accorded
congress
distinctly
separate
nature
contractual
statutory
rights
vitiated
merely
violated
result
factual
occurrence
certainly
inconsistency
results
permitting
rights
enforced
respectively
appropriate
forums
resulting
scheme
somewhat
analogous
procedure
national
labor
relations
act
amended
disputed
transactions
may
implicate
contractual
statutory
rights
statutory
right
underlying
particular
claim
may
abridged
contractual
agreement
recognized
consideration
claim
arbitrator
contractual
dispute
agreement
preclude
subsequent
consideration
claim
national
labor
relations
board
unfair
labor
practice
charge
petition
clarification
union
representation
certificate
act
carey
westinghouse
cf
smith
evening
news
relationship
forums
complementary
since
consideration
claim
forums
may
promote
policies
underlying
thus
rationale
behind
doctrine
support
decision
also
unable
accept
proposition
petitioner
waived
cause
action
title
vii
begin
think
clear
prospective
waiver
employee
rights
title
vii
true
course
union
may
waive
certain
statutory
rights
related
collective
activity
right
strike
mastro
plastics
nlrb
boys
markets
retail
clerks
union
rights
conferred
employees
collectively
foster
processes
bargaining
properly
may
exercised
relinquished
union
agent
obtain
economic
benefits
union
members
title
vii
hand
stands
plainly
different
ground
concerns
majoritarian
processes
individual
right
equal
employment
opportunities
title
vii
strictures
absolute
represent
congressional
command
employee
free
discriminatory
practices
necessity
rights
conferred
form
part
process
since
waiver
rights
defeat
paramount
congressional
purpose
behind
title
vii
circumstances
employee
rights
title
vii
susceptible
prospective
waiver
see
wilko
swan
actual
submission
petitioner
grievance
arbitration
present
case
alter
situation
although
presumably
employee
may
waive
cause
action
title
vii
part
voluntary
settlement
mere
resort
arbitral
forum
enforce
contractual
rights
constitutes
waiver
since
employee
rights
title
vii
may
waived
prospectively
existing
contractual
rights
remedies
discrimination
must
result
concessions
already
made
union
part
economic
bargain
struck
employer
settled
law
additional
concession
may
exacted
employee
price
enforcing
rights
case
nlrb
moreover
contractual
right
submit
claim
arbitration
displaced
simply
congress
also
provided
statutory
right
discrimination
rights
legally
independent
origins
equally
available
aggrieved
employee
point
becomes
apparent
consideration
role
arbitrator
system
industrial
proctor
bargain
arbitrator
task
effectuate
intent
parties
source
authority
agreement
must
interpret
apply
agreement
accordance
industrial
common
law
shop
various
needs
desires
parties
arbitrator
however
general
authority
invoke
public
laws
conflict
bargain
parties
arbitrator
confined
interpretation
application
collective
bargaining
agreement
sit
dispense
brand
industrial
justice
may
course
look
guidance
many
sources
yet
award
legitimate
long
draws
essence
collective
bargaining
agreement
arbitrator
words
manifest
infidelity
obligation
courts
choice
refuse
enforcement
award
steelworkers
america
enterprise
wheel
car
iv
district
appeals
reasoned
permit
employee
claim
considered
arbitral
judicial
forums
unfair
since
mean
employer
employee
bound
arbitral
award
district
words
accept
philosophy
gives
employee
two
strings
bow
employer
one
argument
mistakes
effect
title
vii
steelworkers
trilogy
arbitral
decision
final
binding
employer
employee
judicial
review
limited
instituting
action
title
vii
employee
seeking
review
arbitrator
decision
rather
asserting
statutory
right
independent
arbitration
process
employer
two
strings
bow
respect
arbitral
decision
simple
reason
title
vii
provide
employers
cause
action
employees
employer
victim
discriminatory
employment
practices
oubichon
north
american
rockwell
district
appeals
also
thought
permit
later
resort
judicial
forum
undermine
substantially
employer
incentive
arbitrate
sound
death
knell
arbitration
clauses
labor
contracts
disagree
primary
incentive
employer
enter
arbitration
agreement
union
reciprocal
promise
strike
stated
boys
markets
retail
clerks
union
obligation
express
implied
quid
pro
quo
undertaking
employer
submit
grievance
disputes
process
arbitration
unreasonable
assume
employers
regard
benefits
derived
pledge
outweighing
whatever
costs
may
result
according
employees
arbitral
remedy
discrimination
addition
judicial
remedy
title
vii
indeed
severe
consequences
strike
may
make
arbitration
clause
almost
essential
employees
employer
perspective
moreover
machinery
agreement
remains
relatively
inexpensive
expeditious
means
resolving
wide
range
disputes
including
claims
discriminatory
employment
practices
agreement
contains
nondiscrimination
clause
similar
title
vii
arbitral
procedures
fair
regular
arbitration
may
well
produce
settlement
satisfactory
employer
employee
employer
thus
incentive
make
available
conciliatory
therapeutic
processes
arbitration
may
satisfy
employee
perceived
need
resort
judicial
forum
thus
saving
employer
expense
aggravation
associated
lawsuit
similar
reasons
employee
also
strong
incentive
arbitrate
grievances
arbitration
may
often
eliminate
misunderstandings
discriminatory
practices
might
otherwise
precipitate
resort
judicial
forum
respondent
contends
even
preclusion
rule
adopted
federal
courts
defer
arbitral
decisions
discrimination
claims
claim
arbitrator
ii
agreement
prohibited
form
discrimination
charged
suit
title
vii
iii
arbitrator
authority
rule
claim
fashion
remedy
respondent
proposed
rule
grant
summary
judgment
dismiss
employee
action
conditions
met
rule
obvious
consequence
present
case
deprive
petitioner
statutory
right
attempt
establish
claim
federal
outset
apparent
deferral
rule
subject
many
objections
applicable
preclusion
rule
purpose
procedures
title
vii
indicate
congress
intended
federal
courts
exercise
final
responsibility
enforcement
title
vii
deferral
arbitral
decisions
inconsistent
goal
furthermore
long
recognized
choice
forums
inevitably
affects
scope
substantive
right
vindicated
bulk
carriers
arguelles
harlan
concurring
respondent
deferral
rule
necessarily
premised
assumption
arbitral
processes
commensurate
judicial
processes
congress
impliedly
intended
federal
courts
defer
arbitral
decisions
title
vii
issues
deem
supposition
unlikely
arbitral
procedures
well
suited
resolution
contractual
disputes
make
arbitration
comparatively
inappropriate
forum
final
resolution
rights
created
title
vii
conclusion
rests
first
special
role
arbitrator
whose
task
effectuate
intent
parties
rather
requirements
enacted
legislation
agreement
conflicts
title
vii
arbitrator
must
follow
agreement
sure
tension
contractual
statutory
objectives
may
mitigated
agreement
contains
provisions
facially
similar
title
vii
facts
may
still
render
arbitral
processes
comparatively
inferior
judicial
processes
protection
title
vii
rights
among
fact
specialized
competence
arbitrators
pertains
primarily
law
shop
law
land
steelworkers
america
warrior
gulf
navigation
parties
usually
choose
arbitrator
trust
knowledge
judgment
concerning
demands
norms
industrial
relations
hand
resolution
statutory
constitutional
issues
primary
responsibility
courts
judicial
construction
proved
especially
necessary
respect
title
vii
whose
broad
language
frequently
given
meaning
reference
public
law
concepts
moreover
factfinding
process
arbitration
usually
equivalent
judicial
factfinding
record
arbitration
proceedings
complete
usual
rules
evidence
apply
rights
procedures
common
civil
trials
discovery
compulsory
process
testimony
oath
often
severely
limited
unavailable
see
bernhardt
polygraphic
wilko
swan
recognized
rbitrators
obligation
give
reasons
award
steelworkers
america
enterprise
wheel
car
indeed
informality
arbitral
procedure
enables
function
efficient
inexpensive
expeditious
means
dispute
resolution
characteristic
however
makes
arbitration
less
appropriate
forum
final
resolution
title
vii
issues
federal
courts
evident
respondent
proposed
rule
allay
concerns
convinced
solution
lies
applying
demanding
deferral
standard
adopted
fifth
circuit
rios
reynolds
metals
respondent
points
standard
adequately
insured
effectuation
title
vii
rights
arbitral
forum
tend
make
arbitration
procedurally
complex
expensive
process
judicial
enforcement
standard
almost
require
courts
make
de
novo
determinations
employees
claims
uncertain
whether
minimal
savings
judicial
time
expense
justify
risk
vindication
title
vii
rights
deferral
rule
also
might
adversely
affect
arbitration
system
well
enforcement
scheme
title
vii
fearing
arbitral
forum
adequately
protect
rights
title
vii
employees
may
elect
bypass
arbitration
institute
lawsuit
possibility
voluntary
compliance
settlement
title
vii
claims
thus
reduced
result
well
litigation
less
think
therefore
federal
policy
favoring
arbitration
labor
disputes
federal
policy
discriminatory
employment
practices
best
accommodated
permitting
employee
pursue
fully
remedy
clause
agreement
cause
action
title
vii
federal
consider
employee
claim
de
novo
arbitral
decision
may
admitted
evidence
accorded
weight
deems
appropriate
judgment
appeals
reversed
footnotes
management
union
recognizes
rights
manage
plant
determine
products
manufactured
methods
manufacturing
assembling
scheduling
production
control
raw
materials
direct
working
forces
including
right
hire
suspend
discharge
proper
cause
right
relieve
employees
duty
lack
work
legitimate
reasons
right
maintain
order
efficiency
vested
exclusively
company
understood
parties
rights
recognized
article
subject
terms
agreement
article
agreement
provided
mutual
responsibility
section
parties
agree
term
agreement
shall
strike
interruption
production
period
shall
lockout
subject
provisions
article
term
agreement
section
company
union
agree
shall
discrimination
employee
account
race
color
religion
sex
national
origin
ancestry
company
union
approves
discrimination
shall
practiced
applicant
employment
article
containing
procedures
agreement
provided
relevant
part
section
differences
arise
company
union
meaning
application
provisions
agreement
trouble
arise
plant
shall
suspension
work
earnest
effort
shall
made
company
union
settle
differences
promptly
grievances
must
presented
within
five
working
days
date
occurrence
giving
rise
grievance
shall
considered
waived
grievances
shall
taken
following
manner
except
grievance
filed
local
union
shall
submitted
writing
step
grievance
procedure
set
forth
herein
step
attempt
shall
first
made
employee
without
assistant
grievance
committeeman
employee
option
employee
foreman
settle
grievance
foreman
shall
submit
answer
within
one
working
day
grievance
settled
shall
reduced
writing
signed
employee
assistant
grievance
committeeman
foreman
shall
submit
signed
answer
grievance
step
grievance
settled
step
shall
presented
superintendent
representative
within
two
working
days
union
received
foreman
answer
step
superintendent
representative
shall
submit
signed
answer
two
working
days
receiving
grievance
step
grievance
settled
step
shall
presented
manager
manufacturing
representative
within
five
working
days
union
received
superintendent
answer
step
manager
manufacturing
representative
shall
meet
representatives
union
attempt
resolve
grievance
within
five
working
days
following
presentation
grievance
manager
manufacturing
representative
shall
submit
signed
answer
within
three
working
days
date
meeting
step
grievance
settled
step
shall
referred
personnel
manager
representatives
international
representative
chairman
grievance
committee
within
five
working
days
union
received
step
answer
within
ten
working
days
grievance
referred
step
mentioned
parties
shall
meet
purpose
discussing
grievance
within
five
working
days
following
meeting
company
representatives
shall
submit
signed
answer
union
union
representatives
shall
signify
concurrence
affix
signatures
grievance
step
grievances
settled
foregoing
procedure
may
referred
arbitration
notice
writing
within
ten
calendar
days
date
company
final
answer
step
within
five
days
receipt
referral
arbitration
parties
shall
select
impartial
arbitrator
parties
unable
agree
upon
arbitrator
selection
shall
made
senior
judge
circuit
appeals
tenth
circuit
decision
arbitrator
shall
final
binding
upon
company
union
employee
employees
involved
expenses
fee
arbitrator
shall
divided
equally
company
union
arbitrator
shall
amend
take
away
add
change
provisions
agreement
arbitrator
decision
must
based
solely
upon
interpretation
provisions
agreement
section
employee
discharged
suspended
given
written
warning
notice
except
cause
determined
employee
unjustly
suspended
discharged
company
shall
reinstate
employee
pay
full
compensation
employee
basic
hourly
rate
earned
rate
whichever
higher
time
lost
reaching
conclusion
district
relied
petitioner
deposition
acknowledging
raised
racial
discrimination
claim
arbitration
hearing
district
recognized
conflict
authorities
existed
issue
chose
rely
dewey
reynolds
metals
affirmed
equally
divided
sixth
circuit
held
prior
submission
employee
claim
arbitration
agreement
precluded
later
suit
title
vii
sixth
circuit
appears
since
retreated
part
dewey
suggesting
preclusion
arbitration
agency
processes
pursued
simultaneously
see
spann
kaywood
division
joanna
western
mills
fifth
seventh
ninth
circuits
squarely
rejected
preclusion
rule
see
hutchings
industries
bowe
oubichon
north
american
rockwell
steelworkers
america
american
mfg
steelworkers
america
warrior
gulf
navigation
steelworkers
america
enterprise
wheel
car
textile
workers
union
lincoln
mills
held
provision
agreement
enforced
unions
employers
labor
management
relations
act
stat
noted
congressional
policy
embodied
lmra
stat
promote
industrial
peace
provision
collective
agreement
major
factor
achieving
goal
steelworkers
trilogy
advanced
policy
declaring
order
arbitrate
denied
unless
may
said
positive
assurance
arbitration
clause
susceptible
interpretation
covers
asserted
dispute
steelworkers
america
warrior
gulf
navigation
supra
also
stated
far
arbitrator
decision
concerns
construction
contract
courts
business
overruling
interpretation
contract
different
steelworkers
america
enterprise
wheel
car
supra
republic
steel
maddox
held
procedures
agreement
must
exhausted
employee
may
file
suit
enforce
contractual
rights
reasons
stated
parts
iii
iv
opinion
hold
federal
policy
favoring
arbitration
establish
arbitrator
resolution
contractual
claim
dispositive
statutory
claim
title
vii
see
civil
rights
act
civil
rights
act
example
commission
action
barred
findings
orders
state
local
agencies
see
supp
ii
similarly
individual
cause
action
barred
commission
finding
reasonable
cause
believe
act
violated
see
supp
ii
mcdonnell
douglas
green
example
senator
joseph
clark
one
sponsors
bill
introduced
interpretive
memorandum
stated
nothing
title
vii
anywhere
else
bill
affects
rights
obligations
nlra
railway
labor
act
itle
vii
intended
deny
individual
rights
remedies
may
pursue
federal
state
statutes
given
action
violate
title
vii
national
labor
relations
act
national
labor
relations
board
deprived
jurisdiction
cong
rec
moreover
senate
defeated
amendment
made
title
vii
exclusive
federal
remedy
unlawful
employment
practices
cong
rec
similar
amendment
rejected
connection
equal
employment
opportunity
act
see
sess
see
also
code
cong
ad
news
report
senate
committee
responsible
act
explained
neither
provisions
regarding
individual
right
sue
title
vii
provisions
bill
meant
affect
existing
rights
granted
laws
detailed
discussion
legislative
history
act
see
sape
hart
title
vii
reconsidered
equal
opportunity
act
geo
rev
district
adopted
reasoning
sixth
circuit
dewey
reynolds
metals
affirmed
equally
divided
apparently
based
part
doctrine
election
remedies
see
supra
sixth
circuit
however
later
described
dewey
resting
instead
doctrine
equitable
estoppel
themes
res
judicata
collateral
estoppel
newman
avco
whatever
doctrinal
label
used
essence
holdings
remains
policy
reasons
rejecting
doctrines
election
remedies
waiver
context
title
vii
equally
applicable
doctrines
res
judicata
collateral
estoppel
see
generally
corbin
contracts
ed
supp
courts
recognized
doctrine
election
remedies
apply
suits
title
vii
see
bowe
hutchings
industries
macklin
spector
freight
systems
app
voutsis
union
carbide
cert
denied
newman
avco
supra
oubichon
north
american
rockwell
stat
et
seq
noted
carey
allowing
dispute
go
arbitration
conciliatory
measures
congress
deemed
vital
industrial
peace
may
dispositive
entire
dispute
encouraged
superior
authority
board
may
invoked
time
meanwhile
therapy
arbitration
brought
bear
complicated
troubled
area
maintained
election
remedies
required
possibility
unjust
enrichment
duplicative
recoveries
employer
prevailed
arbitration
course
duplicative
recovery
even
cases
employee
first
prevailed
judicial
relief
structured
avoid
windfall
gains
see
oubichon
north
american
rockwell
supra
bowe
supra
furthermore
relief
obtained
employee
arbitration
fully
equivalent
obtainable
title
vii
relief
grant
hence
need
employee
institute
suit
case
petitioner
respondent
enter
voluntary
settlement
expressly
conditioned
waiver
petitioner
cause
action
title
vii
determining
effectiveness
waiver
determine
outset
employee
consent
settlement
voluntary
knowing
event
submission
arbitration
claim
nondiscrimination
clause
agreement
constitute
binding
waiver
respect
employee
rights
title
vii
see
meltzer
labor
arbitration
overlapping
conflicting
remedies
employment
discrimination
chi
rev
meltzer
ruminations
ideology
law
labor
arbitration
chi
rev
late
dean
shulman
stated
proper
conception
arbitrator
function
basic
public
tribunal
imposed
upon
parties
superior
authority
parties
obliged
accept
general
charter
administer
justice
community
transcends
parties
rather
part
system
created
confined
parties
serves
pleasure
administer
rule
law
established
collective
agreement
shulman
reason
contract
law
labor
relations
harv
rev
brief
respondent
respondent
proposed
rule
analogous
nlrb
policy
deferring
arbitral
decisions
statutory
issues
certain
cases
see
spielberg
mfg
see
also
gould
labor
arbitration
grievances
involving
racial
discrimination
rev
platt
relationship
arbitration
title
vii
civil
rights
act
rev
significantly
substantial
proportion
labor
arbitrators
lawyers
see
note
nlrb
deference
arbitration
yale
suggest
course
arbitrators
possess
high
degree
competence
respect
vital
role
implementing
federal
policy
favoring
arbitration
labor
disputes
concern
union
exclusive
control
manner
extent
individual
grievance
presented
see
vaca
sipes
republic
steel
maddox
arbitration
process
interests
individual
employee
may
subordinated
collective
interests
employees
bargaining
unit
see
case
nlrb
moreover
harmony
interest
union
individual
employee
always
presumed
especially
claim
racial
discrimination
made
see
steele
louisville
tunstall
brotherhood
locomotive
firemen
breach
union
duty
fair
representation
may
prove
difficult
establish
see
vaca
sipes
supra
humphrey
moore
respect
noteworthy
congress
thought
necessary
afford
protections
title
vii
unions
well
employers
see
rios
set
forth
following
deferral
standard
first
may
deference
decision
arbitrator
unless
contractual
right
coincides
rights
title
vii
second
must
plain
arbitrator
decision
way
violative
private
rights
guaranteed
title
vii
public
policy
inheres
title
vii
addition
deferring
district
must
satisfied
factual
issues
identical
decided
arbitrator
arbitrator
power
collective
agreement
decide
ultimate
issue
discrimination
evidence
presented
arbitral
hearing
dealt
adequately
factual
issues
arbitrator
actually
decided
factual
issues
presented
arbitration
proceeding
fair
regular
free
procedural
infirmities
burden
proof
establishing
conditions
limitation
upon
respondent
distinguished
claimant
discussion
problems
posed
application
rios
standard
see
note
judicial
deference
arbitrators
decisions
title
vii
cases
stan
rev
adopt
standards
weight
accorded
arbitral
decision
since
must
determined
discretion
regard
facts
circumstances
case
relevant
factors
include
existence
provisions
agreement
conform
substantially
title
vii
degree
procedural
fairness
arbitral
forum
adequacy
record
respect
issue
discrimination
special
competence
particular
arbitrators
arbitral
determination
gives
full
consideration
employee
title
vii
rights
may
properly
accord
great
weight
especially
true
issue
solely
one
fact
specifically
addressed
parties
decided
arbitrator
basis
adequate
record
courts
ever
mindful
congress
enacting
title
vii
thought
necessary
provide
judicial
forum
ultimate
resolution
discriminatory
employment
claims
duty
courts
assure
full
availability
forum