Under what conditions from below can a labor union bind employees in such a manner as to require them to substitute labor arbitration for a judicial forum for vindication of civil rights claims:

The employee(s) agree to have their civil rights claim adjudicated by a labor arbitrator?

or

The employee(s) get to have their own attorney present the case to the labor arbitrator.

or

The agreement to arbitrate such disputes is "clear and unmistakable"?

or The agreement to arbitrate such disputes includes a requirement that the parties get to participate in pre-trial discovery similar to what is provided for in a lawsuit?