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Brown v. ABF Freight Systems, Inc., 183 F.3d 319 (4th Cir. July 13, 1999)

Keywords: Arbitration agreement (unenforceable)

Introduction: Jerome Brown sued ABF under the ADA. The district court ordered Brown to submit his claim to binding arbitration. The Fourth Circuit reverses.

Facts: Article 37 of the CBA between the union and the employer stated that they both agree not to discriminate. It also stated that this Article covers employees with a qualified disability under the ADA.

Law:

1. A union-negotiated waiver of employees' right to a federal judicial forum for statutory employment-discrimination claims must be clear and unmistakable. See, Wright v. Universal Maritime Serv. Corp., 525 U.S. 70, 119 S.Ct. 391 (November 16, 1998).

2. The Fourth Circuit holds that this standard can be met in one of two ways:

   1. The drafting of an explicit arbitration clause which addresses statutory employment-discrimination claims.

   2. If the arbitration clause is not so clear, employees might still be bound if another provision in the CBA makes it unmistakably clear that the CBA applies to the discrimination statute in question.

3. The Fourth Circuit holds that the CBA in question does not satisfy either test. Therefore, Brown can proceed with his lawsuit.

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