Amalgamated Transit Union Local 1277 v. Los Angeles County Metropolitan Transportation Authority

An employee who eventually recovered fully from an industrial injury sought to return to her job as a mechanic. The employee’s union filed a grievance under the collective bargaining agreement requesting the employee be returned to work and seeking back pay for her. But even after she was capable of working without any restrictions or limitations, she was for a time not permitted by her employer to return to work.

Appellant Amalgamated Transit Union Local 1277 (the Union) appeals from the trial court’s denial of a petition to compel the employer, respondent Los Angeles County Metropolitan Transit Authority (the MTA), to arbitrate pursuant to their collective bargaining agreement. We find that the Workers’ Compensation Act is not an exclusive remedy that would preclude arbitration, that the dispute is covered by the arbitration provision in the collective bargaining agreement, and that arbitrator is to resolve the issue of attorney fees.

Factual and Procedural Summary

Nadine Sutherland has been employed by the MTA as a bus mechanic since 1985. In December of 1995, Sutherland was working at her job and holding a tool when she injured a finger on her left hand, her…