CALIFORNIA COURT OF APPEAL HOLDS THAT AND EMPLOYEE DOES NOT WAIVE THE RIGHT TO ARBITRATE HIS DISCHARGE IF HE RETIRES AFTER FILING FOR ARBITRATION
In a recent case brought by the Firm, the California Court of Appeal found that a public employee who filed for his retirement benefits after being discharged for alleged theft had not waived his right to arbitrate. The Collective Bargaining Agreement clearly held that the employee, in this case a public employee, had the right to elect to go to arbitration instead of having the Civil Service Commission hear his case. The employer argued that the employee waived arbitration by obtaining his retirement benefits shortly after filing for arbitration. The Court held that seeking retirement benefits did not waive the right to challenge the validity of the discharge. Civil Service Employees International Union Local 1021 v. San Joaquin County.