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POLK COUNTY v. CIVIL RIGHTS COM'N

No. 89-1629.

468 N.W.2d 811 (1991)

POLK COUNTY SECONDARY ROADS, Polk County Board of Supervisors, AFSCME 1868, and AFSCME International, Appellants, v. IOWA CIVIL RIGHTS COMMISSION, Appellee.

Supreme Court of Iowa.

April 17, 1991.

Attorney(s) appearing for the Case

James A. Smith, County Atty., and Mary W. Vavroch, Asst. County Atty., for appellants Polk County.

Michael E. Hansen, Des Moines, for appellants AFSCME Local 1868 and AFSCME Intern.

Thomas J. Miller, Atty. Gen., and Teresa Baustian, Asst. Atty. Gen., for appellee.

Susan M. Bolte, Des Moines, for amicus curiae Public Employment Relations Bd.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.

ANDREASEN, Justice.

This case involves a collective bargaining agreement which prohibits discrimination and includes an election of remedies provision. The fundamental question is whether the arbitration of civil rights complaints conflicts with Iowa civil rights law.

I. Background.

In 1984, Kenneth Hill, Jr., a black male, was fired from his job with Polk County for allegedly stealing some county-owned gravel for private use by a coworker....

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