(dissenting).
This action is brought under an employment contract that provides for arbitration of grievances. Grievances are spelled out in the contract to include claimed constitutional violations. A violation of equal protection is claimed under this contractual clause and arbitration is asked. Where the parties, such as these, indicate a clear intent to arbitrate controversies arising out of contractual provisions, the matter is properly determined by the arbitrator. See, Minn.St. 572.08-.09 and State v. Berthiaume, Minn., 259 N.W.2d 904 (1977), wherein we stated:
“It is also clear, and we hold, that the Uniform Arbitration Act, Minn.St. c. 572, governs the authority and procedure for judicial interference with the arbitration process under either a private sector or public sector collective bargaining agreement containing an arbitration clause between ‘employers and employees or between their respective representatives unless otherwise provided in the agreement.’ Minn.St. 572.08. Although the uniform act is not expressly made applicable in PELRA, we find no statute expressing any contrary legislative intent.” Minn., 259 N.W.2d 909.
Under this statutory and case law, it seems perfectly clear that the present grievance is *319initially subject to arbitration before the court’s jurisdiction is invoked. Even from a less legalistic view, there seems to be no practical reason why arbitration should not apply under a general “equal protection” clause of the contract when an order is issued pinpointing police department personnel only, where it very well may be equally applicable to other city departments in its attempt to alleviate some purported conflict of interest.
Furthermore, public policy favors arbitration and the speedy resolution of disputes without initial resort to litigation in our courts. Layne-Minnesota Co. v. Regents of University of Minnesota, 266 Minn. 284,123 N.W.2d 371 (1963). The parties to the present controversy have spent valuable time fighting arbitration, thus defeating the entire purpose of the arbitration procedure provided for, when the case may very well have been settled if arbitration had not been resisted.
For these reasons, I respectfully urge that the majority follow precedent as clearly enunciated in Berthiaume, supra.
ROGOSHESKE, Justice(dissenting).
I join in the dissent of my brother Scott and add these comments. The language of the pertinent provision of the collective bargaining agreement clearly shows the parties’ intent to arbitrate grievances concerning claimed denial of constitutional rights. Although it is a most unusual provision, and perhaps one which as a practical and constitutional matter cannot be made the subject of binding final arbitration as contemplated by Minn.St. 179.70, subd. 1, there appears to be no statute prohibiting arbitration of such controversy. In obedience to statutory limitations imposed upon public sector arbitration by § 179.72, subd. 7, by the express provision of Article VII, paragraph 7.5(B), and Article VIII of the collective bargaining agreement, the arbitrator is bound by established judicial standards in resolving constitutional issues.1 Challenges to the arbitrator’s adherence to such standards may be raised following the arbitration process in proceedings to vacate an award pursuant to § 572.19, subd. 1(3), of the Uniform Arbitration Act.
But that is not the issue presented. It is simply whether the parties expressed a clear intention to arbitrate the constitutional dispute. I would hold they did and permit arbitration to proceed.
YETKA, Justice(dissenting).
I join in the dissent of Mr. Justice Scott.
WAHL, J., took no part in the consideration or decision of this case.. Article VII, paragraph 7.5(B), provides: “The arbitrator shall be without power to make decisions contrary to, or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. * * * ” Article VIII provides: “This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Brooklyn Center. * * * ”