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'The public policy prohibiting JoulB's conduct is<br />

absolutely clear, and is found in the non-interference<br />

provisions of c. 151B, §§ 8, 4(4A), and the common law<br />

proscripkion against prospective waivers of civil rights.<br />

MElA will address these public policies below.<br />

A, CIIAI'TER 1518, SE:CTION 8<br />

Section 8 of chapter 1518 is a criminal provision,<br />

designed to proscribe interference with the MCAD's<br />

proceedings. The prov.ision states in per.tinent part: "my<br />

person, employer . . . who or which shall . . . interfere<br />

with the Commi.ssion . . . in the per<strong>for</strong>mance of duty under<br />

this chapter . . . shall be punished . . .." G.L. c. 151B,<br />

S 8. The provision is entitled "interference with<br />

commission," which evinces an intent to protect the<br />

unfettered operation of the MCAD's functions. G.L. c.<br />

151B, 5 8; Lynn Teachers Union, Local 1037 v. MCAD, 406<br />

<strong>Mass</strong>. 515, 524 (1990) (title of act reveals the object to<br />

sought to be accomplished).<br />

The MCAD is correct that, the <strong>for</strong>ced, pre-dispute<br />

arbitration agreement amounts to interference, or attempted<br />

intefference with the ability of the MCAD to investigate<br />

Inc. v. McCarthy, 914 F.2d 6, 8-9 (1st Cir. 1990); Coastal .-<br />

Oil of N.E., Inc. v. Teamsters Local, 134 F.3d 466, 469<br />

(1st Cir. 1998). Indeed, any court review of an<br />

arbitrator's decision on this issue, regardless of how the<br />

arbitrator rules, must be conducted through the prism of<br />

extreme deference to the arbitrator. Consequently, it is<br />

important <strong>for</strong> t.he Court to rule on this public policy<br />

issue, as if will be exceedingly difficult to find another<br />

chance to allow this Court to rule in a conclusive fashion,<br />

on the merits.<br />

32

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