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CONDE v. YESHIVA UNIVERSITY

16 A.D.3d 185 (2005)

792 N.Y.S.2d 387

MELISSA CONDE et al., Respondents, v. YESHIVA UNIVERSITY, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 10, 2005.

Plaintiffs are not obligated to arbitrate their employment discrimination claims because the collective bargaining agreement (CBA) does not clearly and unmistakably waive their statutory right to a judicial forum (see Wright v Universal Mar. Serv. Corp., 525 U.S. 70, 79-80 [1998]). The CBA's general arbitration clause provides for arbitration of "Any dispute, difference, or controversy related to wages, hours and working conditions,...

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