Costa

We granted petitioner Tony Costa’s writ of review to decide whether the Workers’ Compensation Appeals Board (WCAB) erred by dismissing his application to adjudicate a claim for workers’ compensation benefits. The WCAB dismissed the claim on the ground it lacked jurisdiction because petitioner’s union and employer agreed to handle employment-related injury claims through an alternative dispute resolution (ADR) procedure authorized by Labor Code section 3201.5 (all further statutory references are to the Labor Code unless otherwise noted).

Petitioner contends section 3201.5 is invalid because it violates the California Constitution, and improperly curtails the Department of Industrial Relations’ jurisdiction to ensure compliance with the collective bargaining agreement. In addition, petitioner and the amici curiae supporting him contend employees cannot be forced to waive their constitutional and statutory rights to present workers’ compensation claims to the WCAB through collective bargaining agreements. Finally the amici curiae supporting petitioner challenge both section 3201.5 and the ADR plan at issue on several other grounds.

We conclude section 3201.5 and the ADR…