Arbitration In Collective Bargaining Agreement Does Not Apply To Plaintiff’s Statutory Discrimination Claims.

Plaintiff, a member of a union, worked for defendant as a nurse assistant from when she was 45 years old until she was 66 years old when she developed a medical condition. Her doctor wrote a note stating she needed to stay off work for a few weeks. Plaintiff was terminated from her employment. She brought an action alleging common law and statutory claims. The collective bargaining agreement contained an arbitration provision. The trial court denied defendant’s petition to compel arbitration. In affirming the trial court’s order, the appellate court stated: “Because the collective bargaining agreement did not clearly and unmistakably refer [plaintiff’s] statutory discrimination claims to arbitration, the trial court properly denied [defendant’s] motion to compel arbitration of those claims. With respect to [plaintiff’s] common law claims, [defendant] has not presented any legal argument that the trial court’s denial [] was erroneous. We therefore deem any claim of error forfeited.” (Mendez v. Mid-Wilshire Health Care Center  (Cal. App. Second Dist., Div. 7; October 15, 2013) 220 Cal.App.4th 534, [163 Cal.Rptr.3d 80].