Northern California District Council of Hod Carriers, Building & Construction Laborers v. Opinski

KENNEDY, Circuit Judge:

The Northern California District Council of Hod Carriers (union) commenced an action to compel arbitration over a clause in a collective bargaining agreement between the union and Opinski (employer). The case was properly removed from state court to the Northern District of California. The union filed the action after the employer had already filed an unfair labor practice charge before the National Labor Relations Board to have the clause declared illegal on its face. The district court, stating that “proper jurisdiction at the present time is with the NLRB,” dismissed…