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2004-18

Employee?s Wage Claims Against Employer Are Not Preempted Because They Involve Rights Not Deriving From Collective Bargaining Agreement

A unionized employee?s right to recover wages from his employer is not preempted by his Union?s contract with his employer. The California Court of Appeal has found that the alleged violations of California statutes alleged in the complaint involve rights that are independent of the union contract, and therefore do not require interpretation of the contract. Thus, the court found, the employee?s claims were not subject to the exclusive remedy of arbitration under the union agreement.

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