Wednesday, April 1, 2009

High Court Rules that Unions Can Bargain Away Federal Forum Rights

High Court Ruled:

“Ruled for employers who want to force unionized workers to pursue their age discrimination claims through arbitration instead of a federal lawsuit. The court, in a 5-4 decision, said an arbitration agreement negotiated between an employer and a union that strips them of their option to take complaints to court is binding on workers. The dissenting justices said the high court in the past ruled that unions cannot bargain away employees' federal forum rights in discrimination cases.”

I have to strongly disagree with the Supreme Court on this issue because with collective bargaining individuals are represented by unions that they may or may not take part in and they have no control over the final outcome or even a vote when it come to the contract that controls their rights. The idea that local untrained union representatives that may or may not have the skills to bargain could bargain an individual’s federal forum right away at the table is simply not acceptable. A union contract should never rise above an individual’s federal forum rights.

Federal Laws have always been treated in the past as above any state or local law or contract. It is obvious that the Robert’s court is putting the needs of employers above the welfare of individual citizens even to the extent of not upholding federal forum rights created by federal laws. When employers can afford high powered lawyers and negotiators that can run circle around untrained union representatives what kind of a contract can bargaining members expect?