Andrea Cook & Associates has the experience to understand the arcane world of labor law and its intersection between individual rights and those rights that are collectively bargained. Andrea Cook & Associates has represented employees in claims that many clients initially assumed would be limited to grievance and arbitration procedures.
Courts have held that even when arbitration may be considered final and binding, individuals may, thereafter, pursue the same claims in federal and state courts. Examples of rights that cannot be waived by collective bargaining agreements often include statutory claims such as wage and hour as well as those claims traditionally considered to be civil rights in nature.
Simply put, rights granted by collective bargaining agreements are contractual, whereas statutory rights are minimum labor standards that are non-negotiable and cannot be pre-empted by federal labor law. This applies whether the claim is for wage-and-hour violations, or other violations of statutory rights, such as discrimination.