In McDonald v. West Branch (1984) 466 U.S. 284 104 S. Ct. 1799, 80 L. Ed. 2d 302 (McDonald) the court relied on Gardner-Denver and Barrentine to hold that prior arbitration of a statutory claim (42 U.S.C. 1983) under a CBA had no res judicata or collateral estoppel effect on the employee's right to file a subsequent lawsuit. ( McDonald, at p. 292 104 S. Ct. at p. 1804, 80 L. Ed. 2d at p. 310.) The court explained: "The Court of Appeals justified its application of res judicata and collateral estoppel in part by stating that 'the parties have agreed to settle this dispute through the private means of arbitration.' In both Gardner-Denver and Barrentine, however, the Court rejected similar contentions. For example, in Gardner-Denver we considered the argument that the arbitration provision of the collective-bargaining agreement waived the employee's right to bring a Title VII action. The Court found this contention unpersuasive, however, concluding that 'the rights conferred by Title VII can form no part of the collective-bargaining process since waiver of these rights would defeat the paramount congressional purpose behind Title VII.' Similarly, because preclusion of a judicial action would gravely undermine the effectiveness of 1983, the Court must reject the Court of Appeals' reliance on and deference to the provisions of the collective-bargaining agreement." ( Id. at p. 292, fn. 12 104 S. Ct. at p. 1804, 80 L. Ed. 2d at p. 310.)