United States Ninth Circuit

In a labor dispute arising from the termination of an employee, summary judgment for a union in its action to compel arbitration under a now-expired collective bargaining agreement (CBA) is affirmed where the dispute arose under the CBA because the parties contracted to arbitrate the significant question of whether the employee falsified a tool request form, and the alleged incident took place before the CBA expired.

Appellate Information

• Argued 11/14/2006
• Decided 02/05/2007
• Published 02/05/2007

Judges

• CANBY, Circuit Judge., Before WILLIAM C. CANBY, JR., EMMETT RIPLEY COX, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Paul J. McCue, Raymond M. Deeny, Sherman & Howard, Denver, Colorado, for the defendant-appellant., David A. Rosenfeld, Caren P. Sencer, Weinberg, Roger & Rosenfeld, Alameda, California, for the plaintiff-appellee.