De La Cerda v. San Diego Convention Center Corporation, Inc.

BACKGROUND

23 Defendant owns and operates the San Diego Convention Center. Plaintiff is 24 currently employed by Defendant as a Carpenter and has worked for Defendant since 25 February 2017. As a condition of his employment, Plaintiff was required to join the 26 Cabinet Makers, Millmen and Industrial Carpenters Local 721, United Brotherhood of 27 Carpenters and Joiners of America (the “Union”). There is a collective bargaining 28 agreement (“CBA”) between Defendant and the Union. The CBA includes an arbitration provision. On June 19, 2024, Plaintiff filed this Collective Action Complaint under the Fair Labor Standards Act (“FLSA”). The complaint alleges that Defendant failed to (1) pay all overtime wages and (2) pay employees for all hours worked. [Doc. No. 1.] LEGAL STANDARD The Federal Arbitration Act (“FAA”) requires the district courts to compel arbitration on all claims subject to arbitration agreements. See Dean Witter Reynolds, Inc. v. Byrd, 470 U.S. 213, 218 (1985) (citing 9 U.S.C. §§ 3 - 4) (“By its terms, the Act [FAA] leaves no place for the exercise of discretion by a district court, but instead…