Legal Opinion

International Brotherhood of Electrical Workers, Local 1186 v. Pacific Electrical Contractors Association

Court of Appeals for the Ninth Circuit

Decided September 17, 1987No. 86-2443PublishedCited by 1 opinion

1Opinion of the Court

ORDER

TANG, Circuit Judge:

The decision of the district court is VACATED in light of this court’s decision in Kim v. Fujikawa, 827 F.2d 1401 (9th Cir.1987). The case is REMANDED to the district court for entry of an order dismissing the petition to compel arbitration and for appointment of an arbitrator for reason of failure of the petitioner to exhaust the administrative remedies provided for in the PECA-IBEW Health and Welfare Fund Declaration of Trust Agreement.

VACATED and REMANDED.

2Cases cited1 opinion

  1. Rodney Kim, John Tokunaga, Wesley Teruya v. Thomas Fujikawa, Kenneth Kitashima, Myrtle TanakaCourt of Appeals for the Ninth Circuit · 1987

3Cited by1 opinion

  1. Rodney Kim, John Tokunaga, Wesley Teruya v. Thomas Fujikawa, Kenneth Kitashima, Myrtle TanakaCourt of Appeals for the Ninth Circuit · 1987