Seventh Circuit Finds Collective Bargaining Agreement Arbitration Clause Not 'Sufficiently Specific'

• Published date: 24 September 2021
• Law Firm: Schnader Harrison Segal & Lewis LLP
• Author: Mr Arleigh Helfer III

Considering an airline's appeal, the Seventh Circuit in Cloutier v. GoJet Airlines LLC, provided additional guidance about what is needed to require arbitration of federal antidiscrimination claims.

The case involved a dispute between a pilot diagnosed with Type II diabetes and the airline. Under FAA regulations, he was not permitted to pilot an airplane until he received medical clearance from an FAA-approved doctor, a process that would take at least 60 days. After notifying the airline of his diagnosis, the pilot received leave under the federal Family and Medical Leave Act. However, the airline terminated his employment weeks later.

The pilot and his union sought to arbitrate a grievance under the collective bargaining agreement, but the airline...