This Article explores the issues raised by application of the ADA in the organized employment setting. The Article begins with an overview of the statute and then analyzes its applicability in the unionized workplace. In addition to recommending changes in the statute and regulations to clarify the obligations of employers and unions under the ADA, the Article makes recommendations with respect to judicial interpretation of the statute in three major areas. In Sections III C through E, the Article analyzes the circumstances under which the union should be held liable for discrimination, recommending that courts assess liability based on the union's actions with respect to disability discrimination and not solely on the basis of status as a party to the collective bargaining agreement.
Section III F analyzes the statutory accommodation obligation and points out several potential conflicts between statutory obligations imposed by the ADA and those imposed by the National Labor Relations Act ("NLRA"), which governs union-management relations. These potential conflicts include conflicts between the ADA's requirements and collective bargaining agreements negotiated pursuant to the NLRA. The Article makes several recommendations to resolve the conflicts and effectuate accommodation of employees with disabilities....
Finally, Section III G reviews the impact of grievance arbitration under the collective bargaining agreement on claims under the ADA. While commending grievance arbitration as ah effective method for resolving disability discrimination issues in many cases, the Article recommends that judicial action· under the ADA remain available to the employee regardless of the outcome of any grievance arbitration.
Ann C. Hodges, The Americans With Disabilities Act in the Unionized Workplace, 48 U. Miami L. Rev. 567 (1994).