Affirming an order denying a motion to compel arbitration, this decision holds that for a collective bargaining agreement to require arbitration of claims arising under state statutes (such as here FEHA, the Workers Compensation Act, and Lab. Code 1102.5 (whistleblower)), the agreement must clearly and unmistakably consign such claims to arbitration by mentioning the statute or the rights it confers. Or, the employee’s claim must require interpretation of or directly conflict with the collective bargaining agreement’s terms.
California Court of Appeal, Third District (Duarte, J.); December 31, 2018; 30 Cal. App. 5th 853