However, the Supreme Court reversed this judgment and concluded that the Court of Appeal erred in its reasoning, stating that it is for the arbitrator to decide whether contracting out falls within the scope of the exclusion clause, not the courts.
Where as the Steelworkers Trilogy cases effectively put the reigns in the hands of the arbitrator in disputes concerning collective binding agreements in labor management claims, it has not affected the number of arbitration claims by a great deal. The chief reason for that is the onslaught of individual rights through the Civil Rights Act 1964, specifically Title VII. Title VII serves as a supplementary right and cannot be subjected to arbitration, but is for the Courts to decide upon (Alexander v Gardner Denver Co, 1974). Moreover, the courts have also pointed out that discrimination claims are unsuitable to be adjudicated upon by the arbitrator since they lack experience and expertise in the same (Vercruysse Metz & Murray, 2001). Similar issues and individual rights have hindered the popularity of arbitration and it is only if the courts allow CBAs to arbitrate upon individual statutory rights, might there be a significant increase in disputes being handled by arbitration.
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