United States Ninth Circuit

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Int'l Alliance of Theatrical Stage and Employee and Moving Picture Technicians, Local 720 v. InSynch Show Productions, Inc., 12-17200

In an petition to compel arbitration of a dispute arising under a collective bargaining agreement between a union and an employer, the district court's order granting the petition to compel arbitration is affirmed where: 1) the order was final under 28 U.S.C. section 1291 because the stay lacked any legal or practical effect under either the Labor Management Relations Act or the Fedeal Arbitration Act; and 2) it was for the arbitrator to decide whether the parties' collective bargaining agreement had expired when the union sought to invoke the agreement's grievance and arbitration procedure, or whether, pursuant to an "evergreen clause," the agreement continued in effect.

Appellate Information

  • Decided 09/04/2015
  • Published 09/04/2015

Judges

  • PAEZ

Court

  • United States Ninth Circuit

Counsel