Albertson's, Inc. v. United Food & Commercial Workers Union

We must decide whether members of a labor union may assert claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19 , in federal court without resort to the grievance-arbitration procedure under the collective bargaining agreement between their union and their employer. The district court held that the employees are not required to submit their claims to arbitration before bringing suit under the FLSA. We affirm although on somewhat different reasoning.

FACTS AND PROCEDURAL HISTORY

Albertson’s is a retail grocery chain with 800 stores in 19 states, employing about 85,-000 people. Collective Bargaining Agreements (CBAs) cover about 28,000 employees who are members of various local unions (Locals) of the United Food & Commercial Workers International Union (UFCW). The Locals and the UFCW complain that Albert-son’s forces employees to work without punching the time clock and without getting paid-work that is described as “off-the-clock.” Allegedly, an employee who records the full amount of time spent to complete an assignment risks discipline or discharge.

The UFCW threatened to sue to collect for off-the-clock work. Albertson’s responded by filing this action…