(Download) "Butchers' Union Local 229 V. Cudahy Packing Co." by Supreme Court Of California In Bank ~ Book PDF Kindle ePub Free
eBook details
- Title: Butchers' Union Local 229 V. Cudahy Packing Co.
- Author : Supreme Court Of California In Bank
- Release Date : January 23, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
TOBRINER, J. The union petitioned for an order compelling the company to arbitrate a pension eligibility grievance, and for appointment of an arbitrator, pursuant to a section of a collective bargaining agreement providing for arbitration of a "disagreement arising within the terms of this Agreement." Finding that the company was engaged in interstate commerce, and purporting to apply federal substantive law, the trial court nevertheless denied the petition. The court concluded that the dispute involved an interpretation of "the rules and regulations of the Pension Fund," which "constitute a written collateral agreement to the collective bargaining agreement that makes it clear that this area of dispute is not a matter for arbitration." We hold that the trial court failed to apply to this issue the required federal standard, which commands a state court to order arbitration unless, after resolving all doubts in favor of that procedure, it can determine "with positive assurance" that the dispute is not covered by the arbitration clause.