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FRANCINI v. PHOENIX NEWSPAPERS, INC.

No. 1 CA-CV 94-0524.

188 Ariz. 576 (1996)

937 P.2d 1382

Linus R. FRANCINI, Jr., Plaintiff-Appellant, Cross Appellee, v. PHOENIX NEWSPAPERS, INC., Defendant-Appellee, Cross Appellant.

Court of Appeals of Arizona, Division 1, Department D.

Reconsideration Denied October 4, 1996.

Attorney(s) appearing for the Case

Arizona Center for Disability Law by Sarah R. Allen, Phoenix, for Appellant-Cross Appellee.

Bryan Cave by Marshall W. Anstandig and Joseph T. Clees, Phoenix, for Appellee-Cross Appellant.

OPINION

GARBARINO, Judge.

In this appeal, we consider whether the trial court correctly dismissed an employee's disability discrimination action because he had not utilized the grievance procedures in the applicable collective bargaining agreement. We hold that the agreement did not cover statutory claims, and thus the employee was not required to exhaust the collective bargaining agreement remedies before bringing his statutory action.

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