Legal Opinion

Engineers & Architects Ass'n v. Community Development Department

California Court of Appeal

Decided November 30, 1994No. B071955PublishedCited by 2 opinions

1Opinion of the Court

Opinion

KITCHING, J.

Introduction

This appeal arises from the denial of a petition to compel arbitration. The petition raised the question whether a collective bargaining agreement excluded from arbitration a managerial decision to lay off an employee because of lack of funding or lack of work. In answering this question, the trial court properly made factual findings in ruling on arbitrability. The contract, and substantial evidence, support the trial court’s ruling that this dispute was not arbitrable. We affirm the denial of the petition to compel arbitration.

Factual and Procedural Background

O…

2Cases cited14 opinions

  1. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  2. Litton Financial Printing Div., Litton Business Systems, Inc. v. NLRBSupreme Court of the United States · 1991
  3. Fire Fighters Union, Local 1186 v. City of VallejoCalifornia Supreme Court · 1974
  4. Main v. Merrill Lynch, Pierce, Fenner & Smith, Inc.California Court of Appeal · 1977
  5. Brock v. Kaiser Foundation HospitalsCalifornia Court of Appeal · 1992

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3Cited by2 opinions

  1. Eng. & Architects Assn. v. Community Dev. Dept. of City of Los AngelesCalifornia Court of Appeal · 1994
  2. Weidert v. HansonCourt of Appeals of Washington · 2012

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