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TAYLOR v. LOCKHEED MARTIN CORP.

No. B162846

6 Cal.Rptr.3d 358 (2003)

113 Cal.App.4th 380

Walter H. TAYLOR, Plaintiff and Appellant, v. LOCKHEED MARTIN CORPORATION, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six

November 17, 2003

Attorney(s) appearing for the Case

Law Offices of Michael P. Ring & Associates and Michael P. Ring, Santa Barbara, Law Offices of Mary A. Lehman and Mary A. Lehman for Plaintiff and Appellant.

Curiale, Dellaverson, Hirschfeld, Kraemer & Sloan, Leonora M. Schloss, Los Angeles and Kristin E. Muller for Defendant and Respondent.

COFFEE, J.

Does an arbitration decision under a collective bargaining agreement (CBA) have preclusive effect in a civil suit for retaliatory discharge under Labor Code section 6310, subdivision (b)?1 We conclude it does not, unless (1) the CBA clearly and unmistakably provided for binding arbitration of the employee's statutory claim under the Labor Code, and (2) the arbitration was conducted in a manner that allowed for a full litigation...

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