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- Title
ARBITRABILITY OF COMPULSORY RETIREMENT OF EMPLOYEE -- BROAD CLAUSE -- PENSION PLAN -- COLLECTIVE BARGAINING AGREEMENT.
- Abstract
This article focuses on the judicial decision made against the case "Communication Workers of America v. Southwestern Bell Telephone Co." concerning the laws related to the arbitrability of compulsory retirement of employees. The court granted summary judgment compelling arbitration of a dispute concerning the involuntary retirement with pension of an employee of over thirty years on the ground that the union's claim that the employee's seniority rights had been violated was arbitrable under the terms of the contract. Reversing the lower court, the tenth circuit found that compulsory retirement doubtless threatens an employee's continued tenure of employment, a right arguably protected by the seniority provisions of, the contract. The court rejected the argument that Article VII of the collective bargaining agreement which provided that a claim that benefits under the Employee's Pension Plan had been diminished or reduced discriminatorily or in bad faith was arbitrable, precluded submission of other issues relating to the Pension Plan to arbitration.
- Subjects
UNITED States; ACTION &; defense cases; MANDATORY retirement laws; LABOR laws; COLLECTIVE labor agreements; BAD faith (Law); PENSIONS; RETIREMENT policies
- Publication
Arbitration Journal, 1969, Vol 24, Issue 4, p250
- ISSN
0003-7893
- Publication type
Article