Susan Rogers v. New York Univ., 220 F.3d 73 (2d Cir. 2000). · Go Syfert
Susan Rogers v. New York Univ., 220 F.3d 73 (2d Cir. 2000). Cases Citing This Book View Copy Cite
“alny dispute concerning the interpretation, application, or claimed violation of a specific term or provision of this agreement”
98 citation events (98 in the last 25 years) across 19 distinct courts.
Strongest positive: Pyett v. Pennsylvania Building Co. (ca2, 2007-08-01)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Pyett v. Pennsylvania Building Co. (3×) also: Cited "see"
2d Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
wjhile wright may have called gardner-denver into question, it did not overrule it.
examined Cited as authority (verbatim quote) Barnica v. Kenai Peninsula Borough School District (10×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
Alaska · 2002 · quote attribution · 2 verbatim quotes · confidence high
alny dispute concerning the interpretation, application, or claimed violation of a specific term or provision of this agreement
discussed Cited as authority (rule) Peoples v. Children's Hospital of Central California
E.D. Cal. · 2020 · confidence medium
ECF No. 47 (citing Ernst & Young 21 LLP, 834 F.3d 975, 979 (9th Cir. 2016)).4 The Ninth Circuit has held that Title VII does not bar 22 23 3 The Court need not consider Ms. Peoples’s citation to Rogers v. New York Univ., 220 F.3d 73, 76 (2d.
cited Cited as authority (rule) Michelle Barnard v. County of Lackawanna
3rd Cir. · 2017 · confidence medium
Univ., 220 F.3d 73, 76 (2d Cir. 2000), abrogated on other grounds by 14 Penn Plaza LLC v. Pyett, 556 U.S. 247 , 129 S.Ct. 1456 , 173 L.Ed.2d 398 (2009).
cited Cited as authority (rule) Bright-Asante v. Saks & Co.
S.D.N.Y. · 2017 · confidence medium
Univ., 220 F.3d 73, 76 (2d Cir. 2000) abrogated on other grounds by Pyett, 556 U.S. 247 , 129 S.Ct. 1456 , 173 L.Ed.2d 398 ; see also McLean v. Garage Mgmt.
discussed Cited as authority (rule) Lawrence v. Sol G. Atlas Realty Co. (2×) also: Cited "see, e.g."
2d Cir. · 2016 · confidence medium
Id. at 74, 76 (alteration in original).
discussed Cited as authority (rule) Bernard v. Alaska Airlines, Inc.
Alaska · 2016 · confidence medium
Univ., 220 F.3d 73, 76 (2d Cir. 2000)). - 14 - 7082 employee to believe that the Board was authorized to consider any appeals other than those that were “properly submitted to it” by the union, the company, or their authorized representatives.40 The contract’s apparent foreclosure of a grievant’s right to arbitrate if the union declines to do so on the grievant’s behalf is inconsistent with the first prong of the Hammond test, which requires the employee’s specific agreement to submit all claims to arbitration; it is also inconsistent with the second prong of the Hammond test, whic…
cited Cited as authority (rule) Bernard v. Alaska Airlines, Inc.
Alaska · 2016 · confidence medium
Univ., 220 F.3d 73, 76 (2d Cir.2000)). 40 .
cited Cited as authority (rule) Fernandez v. Windmill Distributing Co.
S.D.N.Y. · 2016 · confidence medium
Univ., 220 F.3d 73, 76 (2d Cir.2000).
discussed Cited as authority (rule) Tamburino v. Madison Square Garden, LP
N.Y. App. Div. · 2014 · confidence medium
Arbitration clauses that cover ‘any dispute concerning the interpretation, application, or claimed violation of a specific term or provision’ of the collective bargaining agreement do not contain the requisite ‘clear and unmistakable’ waiver because ‘the degree of generality [in the arbitration provision] falls far short of a specific agreement to submit all federal claims to arbitration’ ” (id. at 469-470 [citations omitted], quoting Rogers v New York Univ., 220 F3d 73, 76 [2d Cir 2000], cert denied 531 US 1036 [2000]).
discussed Cited as authority (rule) Tamburino v. Madison Square Garden, LP
N.Y. App. Div. · 2014 · confidence medium
Arbitration clauses that cover ‘any dispute concerning the interpretation, application, or claimed violation of a specific term or provision’ of the collective bargaining agreement do not contain the requisite ‘clear and unmistakable’ waiver because ‘the degree of generality [in the arbitration provision] falls far short of a specific agreement to submit all federal claims to arbitration’ ” (id. at 469-470 [citations omitted], quoting Rogers v New York Univ., 220 F3d 73, 76 [2d Cir 2000], cert denied 531 US 1036 [2000]).
cited Cited as authority (rule) Kaye v. Orange Regional Medical Center
S.D.N.Y. · 2013 · confidence medium
Univ., 220 F.3d 73, 76 (2d Cir.2000) (per curiam)); see also Quintanilla v. Suffolk Paving Corp., No. 09-CV-5331, 2011 WL 1323033 , at *3 (E.D.N.Y.
discussed Cited as authority (rule) Harrell v. Kellogg Co.
E.D. Pa. · 2012 · confidence medium
Univ., 220 F.3d 73, 74, 76-77 (2d Cir.2000), abrogated on other grounds by Pyett, 556 U.S. 247 , 129 S.Ct. 1456 (holding that a CBA with a general arbitration provision and a nondiscrimination provision that prohibits discrimination as defined by Federal, New York State, and New York City laws is insufficient to clearly and unmistakably waive the employee’s right to litigate her ADA and FMLA claims); Bratten v. SSI Servs., Inc., 185 F.3d 625, 631-32 (6th Cir.1999) (holding that a CBA with a general arbitration provision and a nondiscrimination provision that prohibits discrimination based on…
cited Cited as authority (rule) Alderman v. 21 Club Inc.
S.D.N.Y. · 2010 · confidence medium
Univ., 220 F.3d 73, 76 (2d Cir.2000); Kelly v. Classic Rests.
discussed Cited as authority (rule) Flores v. Axxis Network & Telecommunications, Inc.
Cal. Ct. App. · 2009 · confidence medium
(Vasquez v. Superior Court, supra, 80 Cal.App.4th at p. 434 ; see Wright v. Universal Maritime Service Corp., supra, 525 U.S. at p. 81 ; Rogers v. New York University (2d Cir. 2000) 220 F.3d 73, 76 [the arbitration clause of the agreement should have “ma[d]e compliance with the *809 named or cited statute a contractual commitment that is subject to the arbitration clause”]; cf. Safrit v. Cone Mills Corp. (4th Cir. 2001) 248 F.3d 306, 308 [title VII claims were arbitrable where self-contained arbitration clause specifically mentioned title VII claims and stated unresolved “ ‘grievances …
discussed Cited as authority (rule) 14 Penn Plaza LLC v. Pyett (2×) also: Cited "see, e.g."
SCOTUS · 2009 · confidence medium
This freely negotiated term between the Union and the RAB easily qualifies as a “conditio[n] of employment” that is subject to mandatory —————— 4 Compare, e.g., Rogers v. New York Univ., 220 F. 3d 73, 75 (CA2 2000) (per curiam); O’Brien v. Agawam, 350 F. 3d 279, 285 (CA1 2003); Mitchell v. Chapman, 343 F. 3d 811, 824 (CA6 2003); Tice v. American Airlines, Inc., 288 F. 3d 313, 317 (CA7 2002), with, e.g., Eastern Associ ated Coal Corp. v. Massey, 373 F. 3d 530 , 533 (CA4 2004).
cited Cited as authority (rule) Richardson v. Comm'n on Human Rights & Opportunities
2d Cir. · 2008 · confidence medium
Univ., 220 F.3d 73, 75 (2d Cir. 2000) (per 3 curiam).
cited Cited as authority (rule) Richardson v. Commission on Human Rights & Opportunities
2d Cir. · 2008 · confidence medium
Univ., 220 F.3d 73, 75 (2d Cir.2000) (per curiam).
discussed Cited as authority (rule) Jonites, Peter P. v. Exelon Corporation
7th Cir. · 2008 · confidence medium
Pyett v. Pennsylvania Building Co., 498 F.3d 88, 92-93 (2d Cir. 2007), certiorari granted under the name of Penn Plaza LLC v. Pyett, No. 07-581 (U.S. Feb. 19, 2008); Rogers v. New York University, 220 F.3d 73, 75-76 (2d Cir. 2000) (per curiam); Plumley v. Southern Container, Inc., 303 F.3d 364 , No. 07-3053 9 373-74 (1st Cir. 2002); Air Line Pilots Association, Int’l v. Northwest Airlines, Inc., 199 F.3d 477, 481-85 (D.C.
discussed Cited as authority (rule) Jonites v. Exelon Corp.
7th Cir. · 2008 · confidence medium
Pyett v. Pennsylvania Building Co., 498 F.3d 88, 92-93 (2d Cir.2007), certiorari granted under the name of Penn Plaza LLC v. Pyett, — U.S. —, 128 S.Ct. 1223 , 170 L.Ed. 57 (U.S. Feb. 19, 2008); Rogers v. New York University, 220 F.3d 73, 75-76 (2d Cir.2000) (per cu-riam); Plumley v. Southern Container, Inc., 303 F.3d 364, 373-74 (1st Cir.2002); Air Line Pilots Association, Int’l v. Northwest Airlines, Inc., 199 F.3d 477, 481-85 (D.C.Cir.1999); contra, Eastern Associated Coal Corp. v. Massey, 373 F.3d 530, 533-34 (4th Cir.2004).
cited Cited as authority (rule) Conzo v. City of New York
S.D.N.Y. · 2006 · confidence medium
Corp., 525 U.S. 70, 80 , 119 S.Ct. 391 , 142 L.Ed.2d 361 (1998); Rogers v. New York Univ., 220 F.3d 73, 76 (2d Cir.2000).
discussed Cited as authority (rule) Stevens v. Coach U.S.A. (2×)
D. Conn. · 2005 · confidence medium
Univ., 220 F.3d 73, 76 (2d Cir.2000) (citations omitted).
cited Cited as authority (rule) Burkybile v. Board of Education
2d Cir. · 2005 · confidence medium
See Fayer v. Town of Middlebury, 258 F.3d 117, 121-22 (2d Cir.2001); Rogers v. New York Univ., 220 F.3d 73, 75 (2d Cir.2000).
cited Cited as authority (rule) Burkybile v. Board Of Education Of The Hastings-On-Hudson Union Free School District
2d Cir. · 2005 · confidence medium
See Fayer v. Town of Middlebury, 258 F.3d 117, 121-22 (2d Cir.2001); Rogers v. New York Univ., 220 F.3d 73, 75 (2d Cir.2000).
discussed Cited as authority (rule) Bull v. United States
Fed. Cl. · 2005 · confidence medium
Univ., 220 F.3d 73, 76 (2d Cir.2000) (noting that an arbitration clause specifically requiring employees to submit all federal statutory claims to arbitration would be a “clear and unmistakable” waiver of judicial remedies).
discussed Cited as authority (rule) Hammond v. State, Department of Transportation & Public Facilities (2×)
Alaska · 2005 · confidence medium
Rogers v. New York Univ., 220 F.3d 73, 76 (2d Cir.2000).
cited Cited as authority (rule) Morel v. American Building Maintenance Co.
2d Cir. · 2005 · confidence medium
Univ., 220 F.3d 73, 75 (2d Cir.2000); Bottini v. Sadore Mgmt.
discussed Cited as authority (rule) Neppl v. Signature Flight Support Corp.
D. Minnesota · 2002 · confidence medium
Citing Wright, Brown v. ABF Freight Sys., Inc., 183 F.3d 319, 321 (4th Cir.1999) and Rogers v. New York Univ., 220 F.3d 73, 76 (2nd Cir.2000), defendant argues that a test has emerged by which a court may determine whether the clear and unmistakable reqúirement has been met.
discussed Cited as authority (rule) Pender v. District Council 37 of American Federation
S.D.N.Y. · 2002 · confidence medium
Hence, the Court held that a union-negotiated waiver of an employee’s statutory right to a judicial forum is enforceable — if at all — only if the waiver is “clear and unmistakable.” Id. at 80 , 119 S.Ct. 391 ; see Fayer v. Town of Middlebury, 258 F.3d 117, 122-23 (2d Cir.2001); Rogers v. New York Univ., 220 F.3d 73, 75-76 (2d Cir.2000).
discussed Cited as authority (rule) Birch v. the Pepsi Bottling Group, Inc.
D. Maryland · 2002 · signal: cf. · confidence medium
Cf. Paris v. Dallas Airmotive, Inc., 130 F.Supp.2d 844, 847 (N.D.Tex.2001) (“Specific incorporation requires that the collective bargaining agreement identify the statute by name or citation.” (citing Rogers v. New York Univ., 220 F.3d 73, 76 (2d Cir.), cert. denied, 531 U.S. 1036 , 121 S.Ct. 626 , 148 L.Ed.2d 535 (2000); Bratten v. SSI Servs., Inc., 185 F.3d 625, 631 (6th Cir.1999); Quint v. A.E.
cited Cited as authority (rule) Brundridge v. Fluor Federal Services, Inc.
Wash. Ct. App. · 2001 · confidence medium
Univ., 220 F.3d 73, 76 (2d Cir.) (discrimination claims), cert, denied, 531 U.S. 1036 (2000).
cited Cited as authority (rule) Brundridge v. Fluor Federal Services Inc.
Wash. Ct. App. · 2001 · confidence medium
Univ., 220 F.3d 73, 76 (2nd Cir.) (discrimination claims), cert. denied, 531 U.S. 1036 , 121 S.Ct. 626 , 148 L.Ed.2d 535 (2000).
discussed Cited as authority (rule) Scheiner v. New York City Health and Hospitals (2×) also: Cited "see"
S.D.N.Y. · 2001 · confidence medium
York University, 220 F.3d 73, 75 (2d Cir.) (adhering to Gardner-Denver in finding that arbitration provision in a union-negotiated collective bargaining agreement which purported to waive an employee’s right to federal forum with respect to statutory claims is not enforceable), cert. denied, 531 U.S. 1036 , 121.
cited Cited as authority (rule) Paris v. Dallas Airmotive, Inc.
N.D. Tex. · 2001 · confidence medium
Rogers v. New York Univ., 220 F.3d 73, 76 (2nd Cir.), cert. denied, — U.S. -, 121 S.Ct. 626 , 148 L.Ed.2d 535 (2000); Bratten v. SSI Servs., Inc., 185 F.3d 625, 631 (6th Cir.1999); and Quint v. A.E.
discussed Cited "see" Pyett v. Penn Bldg. Co. (2×)
2d Cir. · 2007 · signal: see · confidence high
See 220 F.3d at 75-77 .
discussed Cited "see" Beljakovic v. Melohn Properties, Inc. (2×) also: Cited "see, e.g."
S.D.N.Y. · 2005 · signal: see · confidence high
See id. at 75 n. 1 (collecting cases holding that Alexander applies); Air Line Pilots Ass’n Int’l. v. Northwest Airlines, Inc., 199 F.3d 477, 484 (D.C.Cir.1999) (same).
cited Cited "see" Curtis v. United States
Fed. Cl. · 2004 · signal: see · confidence high
See Rogers v. New York Univ., 220 F.3d 73, 76 (2nd Cir.2000) (citing Carson v. Giant Food, Inc., 175 F.3d 325, 331-32 (4th Cir.1999)); See also Bratten, 185 F.3d at 631 .
discussed Cited "see" Daniel J. Ciambriello v. County of Nassau, Civil Service Employees Association, Inc., Russell Rinchiuso, Richard Cotugno and Ron Roeill (2×)
2d Cir. · 2002 · signal: see · confidence high
See Rogers v. New York University, 220 F.3d 73, 75 (2d Cir.) (“The arbitration provision in the instant case, by which employees purport to waive their right to a federal forum with respect to statutory claims, is contained in a union-negotiated CBA.... [S]ueh provisions are not enforceable.”), cer t. denied, 531 U.S. 1036 , 121 S.Ct. 626 , 148 L.Ed.2d 535 (2000).
examined Cited "see" Ronald E. Fayer v. Town of Middlebury, Edward St. John, First Selectman, and Eric Ianantuoni, Administrative Assistant (3×)
1st Cir. · 2001 · signal: see · confidence high
See Rogers v. New York University, 220 F.3d 73, 75 (2d Cir.2000) (collective bargaining arbitration provisions are unenforceable insofar as they purport to waive an employee’s right to a federal forum in an action based on federal employment discrimination statutes); Tran v. Tran, 54 F.3d 115 , 117-18 (2d Cir.1995) (same).
cited Cited "see, e.g." McCoy v. City of New Haven
D. Conn. · 2016 · signal: see, e.g. · confidence low
See, e.g., Rogers v. New York University, 220 F.3d 73 (2d Cir. 2000) (suit under the ADA, FMLA, and state statutes); Stevens v. Coach U.S.A., 386 F.Supp.2d 55, 64 (D.
discussed Cited "see, e.g." Mudge v. United States
Fed. Cl. · 2004 · signal: compare · confidence low
Compare Rogers v. New York Univ., 220 F.3d 73 , 75 & n. 1 (2d Cir.2000) (collecting cases) and Air Line Pilots, 199 F.3d at 484 (same); with Austin v. Owens-Brockway Glass Container, Inc., 78 F.3d 875, 885 (4th Cir.1996).
Retrieving the full opinion text from the archive…
Susan ROGERS, Plaintiff-Appellee,
v.
NEW YORK UNIVERSITY, Defendant-Appellant
James A. Brown, New York, NY, for Plaintiff-Appellee., Terrance J. Nolan, S. Andrew Schaffer, New York, NY, for Defendant-Appellant., Paul Salvatore, Proskauer Rose LLP, New York, N.Y. (John F. Fullerton III, Ravi B. Motwani, of counsel, New York, NY) submitted a brief for amicus curiae The Realty Advisory Board on Labor Relations, Inc. in support of Defendant-Appellant., Paul D. Ramshaw, United States Equal Employment Opportunity Commission, Washington, D.C. (C. Gregory Stewart, General Counsel, Philip Sklover, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, Washington, D.C.) submitted a brief for amicus curiae the United States Equal Employment Opportunity Commission in Support of Plaintiff-Appellee., Geoffrey A. Mort, Pearl Zuchlewski, Goodman & Zuchlewski LLP, New York, NY, submitted a brief for amicus curiae the National Employment Lawyers Association in Support of Plaintiff-Appellee.
Van Graafeiland, Parker, Underhill.
Cited by 51 opinions  |  Published
PER CURIAM:

In January 1993, Susan Rogers began work for New York University (“NYU”) as a clerical employee. A collective bargaining agreement (“CBA”) between NYU and Local 3882, United Staff Association of NYU, NYSUT, AFT, AFL-OIO, governed the terms and conditions of Rogers’s employment. The CBA contains a “no discrimination” provision, which states that “[t]here shall be no discrimination as defined by applicable Federal, New York State, and New York City laws, against any present or future employee by reason of ... physical or mental disability....” The CBA also provides that “[e]mployees are entitled to all provisions of the Family and Medical Leave Act of 1993 [‘FMLA’] that are not specifically provided for in this agreement.” A separate grievance and arbitration clause in the CBA provides in substance that disputes arising under the agreement shall be arbitrated.

Asserting medical disorders, Rogers received medical leave under the FMLA on or about August 22, 1997. Allegedly because Rogers’s FMLA medical leave time had expired, NYU terminated Rogers on November 17, 1997. On December 15, 1997, Rogers filed a charge of discrimination against NYU with the Equal Employment Opportunity Commission (“EEOC”). On January 13, 1998, the EEOC issued Rogers a right to sue letter, informing her that she could sue NYU in federal court. Rogers commenced the instant action in the Southern District of New York on March 25, 1998. In an amended complaint filed on January 20, 1999, Rogers asserted that NYU had discriminated against her in violation of the Americans with Disabilities Act (“ADA”), the FMLA, and New York State and City human rights laws.

On April 21, 1999, NYU moved, pursuant to § 3 of the Federal Arbitration Act (“FAA”), to stay Rogers’s action. In a memorandum and order dated September 9, 1999, District Judge William H. Pauley, III, denied NYU’s motion. As Judge Pau-ley correctly observed, there were two slightly different reasons for denying the stay, either one of which would suffice.

DISCUSSION

The Second Circuit reviews de novo a district court order that denies a[*75] motion to stay an action pending arbitration. Haviland v. Goldman, Sachs & Co., 947 F.2d 601, 604 (2d Cir.1991).

A. Reason # 1

By requiring arbitration, the CBA in the instant case purports to waive Rogers’s right to a federal forum. Such arbitration clauses, however, are not always enforceable. In 1974, the Supreme Court held that a discharged employee whose grievance had been arbitrated pursuant to an arbitration clause in a CBA was not precluded from bringing an action in federal court based on the same conduct. Alexander v. Gardner-Denver Co., 415 U.S. 36, 49-51, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974); see Barrentine v. Arkansas-Best Freight Sys., Inc., 450 U.S. 728, 745-46, 101 S.Ct. 1437, 67 L.Ed.2d 641 (1981) (concluding, consistent with Gardner-Denver, that union cannot waive employee’s statutory rights under Title VII). Several years later, the Court narrowed the reach of Gardner-Denver. In Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 33-35, 111 S.Ct. 1647, 114 L.Ed.2d 26 (1991), the Court held that an employee who had agreed individually to waive his right to a federal forum could be compelled to arbitrate an age discrimination claim.

Following Gilmer’s lead, most lower courts have focused on the party negotiating the waiver of rights. When the arbitration provision has been negotiated by a union in a CBA, these courts have held that Gardner-Denver applies. [1] The Second Circuit is no exception. See Tran v. Tran, 54 F.3d 115, 117-18 (2d Cir.1995) (relying on Barrentine and Gardner-Denver to conclude that employer could not compel union employee to arbitrate federal statutory claims even though CBA required arbitration). Only the Fourth Circuit has concluded otherwise. See Austin v. Owens-Brockway Glass Container, Inc., 78 F.3d 875, 880-86 (4th Cir.1996) (holding that CBA requiring arbitration of union member’s statutory discrimination claims is enforceable).

The arbitration provision in the instant case, by which employees purport to waive their right to a federal forum with respect to statutory claims, is contained in a union-negotiated CBA. Under Gardner-Denver, to which this Court and a majority of others adhere, such provisions are not enforceable. Because an order staying Rogers’s suit would be akin to an order compelling arbitration, the district court correctly denied NYU’s motion to stay Rogers’s federal action pending arbitration.

B. Reason # 2

Although the Gardner-Denver rule is sufficient to decide this case, we also address the Supreme Court’s recent decision in Wright v. Universal Maritime Service Corporation, which could be taken to suggest that, under certain circumstances, a union-negotiated waiver of an employee’s statutory right to a judicial forum might be enforceable. See 525 U.S. 70, 80-81, 119 S.Ct. 391, 142 L.Ed.2d 361 (1998). As the district court correctly concluded, such circumstances are not present here. Furthermore, while Wright may have called Gardner-Denver into question, it did not overrule it.

In Wright, the Court, without addressing the issue of enforceability, stated that, as a condition precedent to' enforceability, CBAs, unlike employment contracts exe[*76] cuted by individual employees, that purport to waive an employee’s right to bring discrimination claims in federal court must be clear and unmistakable. Id. at 80, 119 S.Ct. 391. In Wright, a longshoreman who belonged to a union sued his employer under the ADA. Id. at 72-75, 119 S.Ct. 391. The CBA governing the plaintiffs employment provided that disputes arising out of the CBA would be arbitrated. Id. at 73, 119 S.Ct. 391. The Supreme Court stated that a waiver of statutorily conferred rights in a CBA must be explicit. Id. at 80, 119 S.Ct. 391. Noting the broad language of the arbitration clause and that the CBA did not specifically incorporate pertinent statutory antidiscrimination requirements and make compliance therewith a contractual commitment, the Court concluded that the waiver of the right to a federal forum was not clear and unmistakable. Id. at 80-82, 119 S.Ct. 391. Because the waiver was not explicit, the Court declined to consider whether clear and unmistakable waivers are enforceable. Id. at 82, 119 S.Ct. 391.

Subsequent to Wright, other courts have determined that a waiver of statutorily conferred rights contained in a CBA is sufficiently clear and unmistakable if either of two conditions is met. First, a waiver is sufficiently explicit if the arbitration clause contains a provision whereby employees specifically agree to submit all federal causes of action arising out of their employment to arbitration. Carson v. Giant Food, Inc., 175 F.3d 325, 331-32 (4th Cir.1999); see Bratten v. SSI Servs., Inc., 185 F.3d 625, 631 (6th Cir.1999) (discussing Wright test); Giles v. City of New York, 41 F.Supp.2d 308, 311-12 (S.D.N.Y.1999) (same); Beason v. United Techs. Corp., 37 F.Supp.2d 127, 130 (D.Conn.1999) (same). The arbitration clause at issue in the instant case is broad and general. It encompasses “any dispute concerning the interpretation, application, or claimed violation of a specific term or provision of this Agreement.” This degree of generality falls far short of a specific agreement to submit all federal claims to arbitration.

Second, a waiver may be sufficiently clear and unmistakable when the CBA contains an explicit incorporation of the statutory anti-discrimination requirements in addition to a broad and general arbitration clause. Carson, 175 F.3d at 332. Thus, “[i]f another provision, like a nondiscriminatory clause, makes it unmistakably clear that the discrimination statutes at issue are part of the agreement, employees will be bound to arbitrate their federal claims.” Id. Courts agree that specific incorporation requires identifying the anti-discrimination statutes by name or citation. Bratten, 185 F.3d at 631; Prince v. Coca-Cola Bottling Co. of N.Y., 37 F.Supp.2d 289, 293 (S.D.N.Y.1999): Moreover, as the Supreme Court stated in Wright, the CBA should make compliance with the named or cited statute a contractual commitment that" is subject to the arbitration clause. Wright, 525 U.S. at 81, 119 S.Ct. 391; see Prince, 37 F.Supp.2d at 293 (citing Wright, 525 U.S. at 81, 119 S.Ct. 391).

The instant Agreement contains both a general arbitration clause and a nondiscrimination provision. However, neither incorporates anything explicitly. Furthermore, while the Agreement’s “leave of absence” clause does create contractual rights coextensive with the FMLA, the collective bargaining agreement does not specifically make compliance with the FMLA a contractual commitment that is subject to the arbitration clause. As the Supreme Court noted in Wright, incorporating federal.laws into a collective bargaining agreement merely “creat[es] a contractual right that is coextensive with the federal statutory right.” Wright, 525 U.S. at 79, 119 S.Ct. 391. However, the Court went on to note that creating coextensive rights “is not the same as making compliance with the [federal statute] a contractual commitment that would be subject to the arbitration clause.” Id. at 81, 119 S.Ct. 391.

[*77] The foregoing analysis of reason number two reveals that waiver in the instant case is not clear and unmistakable. The CBA does not contain a provision whereby employees explicitly agree to submit all federal claims to arbitration. Moreover, the CBA does not satisfactorily incorporate federal antidiscrimination law both because reference to such law is too broad and because the CBA does not explicitly make compliance with that law a contractual commitment that is subject to the arbitration provision.

The order of the district court is affirmed.

1

. See Air Line Pilots Ass’n, Int’l v. Northwest Airlines, Inc., 199 F.3d 477, 481-86 (D.C.Cir.1999), judgment reinstated, 211 F.3d 1312 (D.C.Cir.2000) (en banc); Bratten v. SSI Servs., Inc., 185 F.3d 625, 630-32 (6th Cir.1999); Albertson's, Inc. v. United Food & Commercial Workers Union, 157 F.3d 758, 760-62 (9th Cir.1998), ce rt. denied, - U.S. -, 120 S.Ct. 39, 145 L.Ed.2d 36 (1999); Brisentine v. Stone & Webster Eng’g Corp., 117 F.3d 519, 522-27 (11th Cir.1997); Harrison v. Eddy Potash, Inc., 112 F.3d 1437, 1451-54 (10th Cir.1997), vacated on other grounds, 524 U.S. 947, 118 S.Ct. 2364, 141 L.Ed.2d 732 (1998); Pryner v. Tractor Supply Co., 109 F.3d 354, 363-65 (7th Cir.1997); Varner v. National Super Markets, Inc., 94 F.3d 1209, 1213 (8th Cir.1996).