Winery, Distillery & Allied Workers Union, Local 186, Plaintiffs v. E & J Gallo Winery, Inc., Franzia Brothers Winery and Bronco Wine Company

KOELSCH, Circuit Judge:

E & J Gallo Winery, Franzia Brothers Winery and Bronco Wine Co. (“the Wineries”) discharged nine employees for allegedly engaging in violent strike misconduct. The Union denied that the employees’ conduct was in fact violent and filed grievances claiming violation of the just cause provision 1 of the collective bargaining agreement. The Wineries refused to grieve the discharges, claiming that the Amnesty Clause 2 expressly excluded from arbitration discipline which, in its exclusive judgment, was for violent strike misconduct. We must decide if the parties intended to…