Marcario

Anita Marcario appeals from a judgment on the pleadings entered in favor of her employer, the County of Orange. The trial court concluded the resolution of an earlier labor grievance, pursued through a “binding” arbitration in accordance with the terms of a memorandum of understanding (MOU) between the County and Marcario’s union, precluded Marcario’s claim for damages based upon retaliation in violation of the Labor Code, and her remaining two claims were barred by the applicable statute of limitations. Marcario argues the court erred, because the arbitration of her labor grievance could not be given binding effect with regard to statutory claims unless the MOU clearly specified that it would be; and any statutes of limitations were tolled during the time she participated in the internal grievance procedure.

We agree with Marcario on both counts. A significant number of California appellate courts have already held that the arbitration of a labor grievance, conducted pursuant to the terms of a collective bargaining agreement, cannot have binding effect as against the employee’s claims for violation of statute, unless the agreement states explicitly that it will. The MOU…