How have the courts interpreted Gilmer v. Gilmer in the context of collective bargaining agreements?
California, United States of America
The following excerpt is from Torrez v. Consolidated Freightways Corp., 58 Cal.App.4th 1247, 68 Cal.Rptr.2d 792 (Cal. App. 1997):
We also adopt the majority view. Nothing in Gilmer suggests the court abandoned its intention to prevent, in the context of a collective bargaining agreement, the potential subjugation of individual rights to the rights and interests of the majority represented by the union. (Bush v. Carrier Air Conditioning, supra, 940 F.Supp. at p. 1045.)
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