In Alexander V

In Alexander v. Gardner Denver Co., the Supreme Court held that an employee who had lost in arbitration under the collective agreement was still able to bring a Title VII suit in court, stating that :

A) an order to arbitrate the grievance should not be denied unless it is denied with a positive assurance.
B) the arbitration clause of a collective agreement must contain a "clear and unmistakable waiver" of the individual employee's rights.
C) employee's rights under the collective agreement were distinct from the employee's statutory rights under Title VII.
D) it is the role of the courts, not that of the arbitrators, to resolve questions of whether a grievance is subject to arbitration.