Synopsis By: Lurie - Proceeding Author: Charles J. Coleman

Can an employee’s statutory rights be made the subject of a collectively bargained arbitration agreement? Relevant case law is examined. The author concludes that (except in the Fourth Circuit) when employee grievances under CBAs contain statutory issues, those issues may be heard in the courts, notwithstanding that the grievance procedure has not been exhausted. The role of the arbitrator in statutory cases is discussed.