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The following is not meant to be legal advice.

In Zavala v. Scott Brothers Dairy, 2006 Cal. App. LEXIS 1513 (Cal. App. 2d Dist. Sept. 28, 2006), dairy workers were not compelled to arbitrate their claims.  The plaintiffs, workers at a dairy, filed a class action raising an unfair business practices cause of action and two wage and hour claims under the California Labor Code and two wage orders issued by the Industrial Welfare Commission concerning failing to provide itemized wage statements and statutory rest periods.

The trial court denied the Scott Brothers Dairy’s motion to compel arbitration under the parties’ collective bargaining agreement (CBA). Affirming, the appellate court agreed that the plaintiffs should not be compelled to arbitrate their claims.  The appellate court stated the CBA’s arbitration provision was not binding since the union could not waive the plaintiffs’ rights to bring statutory labor-rights claims in court.  The appellate court stated the claims did not arise under the parties’ CBA.