To the best of my knowledge yu are wrong, here is why.
Title:
Arbitration of Statutory Disputes in the Airline Industry: Options and Alternative
Accession Number:
01141832
Language:
English
Abstract:
In this article (Paragraph No. 30,061), under a recent U.S. Supreme Court decision, transportation workers remain barred from arbitrating statutory employment disputes under the Federal Arbitration Act. However, arbitration of such disputes may be achieved in the airline industry under certain circumstances. Enacted over 80 years ago, the Federal Arbitration Act excluded transportation workers from coverage because the industry was heavily unionized and Congress concluded that arbitration of employee disputes should take place under collective bargaining agreements pursuant to labor law. Today, however, union representation has declined and employees’ individual rights under employment laws have extended far beyond collective bargaining rights. The article discusses the development of legal processes to allow the arbitration of statutory disputes, as well as the ways that arbitration of these disputes can be achieved in the airline industry through the use of arbitration agreements and arbitration clauses in collective bargaining agreements. Other possible approaches, including the state law arbitration procedures and options created by federal Executive Orders establishing action programs, are also explored.
Our situation was one that contractually mandated arbitration as a means of conclusion to the seniority integration. It is in both of our CBAs and the TA. Just as now McCaskill-Bond guarantees arbitration per Allegheny-Mohawk sect 13. Once the arbitration has concluded you can't hide behind the case you cite and say, well now that the arbitration is over, we are claiming as transportation workers we are barred from arbitration, and the FAA.