Legal Opinion

Huber, Hunt & Nichols, Inc. v. United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry, Local 38

Court of Appeals for the Ninth Circuit

Decided March 6, 2002No. 00-17085PublishedCited by 3 opinions

1Opinion of the Court

BEEZER, Circuit Judge.

In this case, two arbitrators claim the power to decide a labor dispute under the same umbrella labor agreement. The parties to the agreement disagree over which arbitrator had power to arbitrate, what type of grievance was before the arbitrators and whether both grievances concerned the same dispute. Each party asks us to confirm one award and vacate the other.

The district court held that, under the circumstances, the question of arbitrability turned on analysis of the grievances rather than on analysis of the agreement. We have jurisdiction, and we reverse.

I

The facts…

2Cases cited14 opinions

  1. United Steelworkers v. Warrior & Gulf Navigation Co.Supreme Court of the United States · 1960
  2. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  3. United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
  4. Building & Construction Trades Council of the Metropolitan District v. Associated Builders & Contractors of Massachusetts/Rhode Island, Inc.Supreme Court of the United States · 1993
  5. Lewis v. Benedict Coal Corp.Supreme Court of the United States · 1960

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3Cited by3 opinions

  1. Homestake Lead Co. of Missouri v. Doe Run Resources Corp.District Court, N.D. California · 2003
  2. New United Motor Manufacturing, Inc. v. United Auto Workers Local 2244District Court, N.D. California · 2008
  3. Huber, Hunt & Nichols, Inc. v. United Association Of Journeymen And Apprentices Of The Plumbing And Pipefitting Industry, Local 38Court of Appeals for the Ninth Circuit · 2002

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