TORRES v. FOUR SEASONS HOTEL OF NEW YORK (2000)

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered April 2, 1999, which, in an action by plaintiffs room servers against defendant hotel to recover gratuities allegedly improperly pooled in violation of Labor Law § 196-d, denied plaintiffs' motion for summary judgment and granted defendant's cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

 Plaintiffs' collective bargaining agent had authority to agree that all disputes, including those involving a violation of an employee's statutory rights, would be submitted to arbitration and not litigated in court (cf., Wright v. Universal Maritime Serv. Corp., 525 U.S. 70, 80, 119 S.Ct. 391, 142 L.Ed.2d 361;  see, Carson v. Giant Food, 175 F.3d 325, 331-332 [4th Cir.];  Matter of American Broadcasting Cos. v. Roberts, 61 N.Y.2d 244, 249-250, 473 N.Y.S.2d 370, 461 N.E.2d 856).   The arbitration clause in question, which covers “claims arising out of or under this [collective bargaining agreement] or the employee's employment, including but not limited to any EEOC, ADA, ADEA or other statutory claims”, encompasses the Labor Law claims at issue herein.

MEMORANDUM DECISION.