Wilson-Davis v. SSP America, Inc.Annotate this Case
Plaintiff, individually and on behalf of a putative class, filed suit against his employers, SSP, alleging violations of various provisions of California’s wage and hour laws. SSP moved to compel arbitration under the collective bargaining agreement (CBA) between it and the labor union representing plaintiff.
The Court of Appeal affirmed the trial court's denial of SSP's motion to compel arbitration. The court concluded that the CBA between SSP and the union provides for arbitration of claims arising under the agreement, but it does not waive the right to a judicial forum for claims based on statutes. In this case, the trial court correctly concluded that arbitrability was a question for the court, not the arbitrator, and that plaintiff's claims are not subject to arbitration.