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Dispute Resolution Keyed to Menkel-Meadow, 3rd Ed.
Chavarria v. Ralphs Grocery Co.
Citation:
733 F.3d 916 (2013)Facts
Zenia Chavarria completed an employment application with Ralphs Grocery Company and worked as a deli clerk for approximately six months. By submitting the application, she automatically agreed to be bound by Ralphs’ mandatory arbitration policy, though the full terms were not provided until three weeks after she agreed to them. The policy contained several problematic provisions: it required arbitrator selection through a process that would invariably result in an arbitrator chosen from the list proposed by the party that did not demand arbitration (typically Ralphs); it prohibited the use of AAA or JAMS administrators; it required equal splitting of arbitrator fees regardless of outcome; and it allowed Ralphs to unilaterally modify the policy without notice. After leaving employment, Chavarria filed a class action alleging violations of California labor laws.
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