Service Employees International Union, Local 18 v. American Building Maintenance Co.

We are presented on this appeal with but one question, i.e., whether an agreement between the appellant union and respondent American Building-Maintenance Company shall be construed as requiring, at the election of one of the parties, arbitration of certain disputes. In a proceeding to compel such arbitration the superior court construed the agreement as not requiring such arbitration. This appeal from an “Order Dismissing [the union’s] Petition to Compel Arbitration” followed.

The agreement alone, without extrinsic evidence, was considered by the superior court; accordingly “we must make an independent determination” of its meaning. (Parsons v. Bristol Development Co., 62 Cal.2d 861, 866 [ 44 Cal.Rptr. 767 , 402 P.2d 839 ].) This we must do from the language of the agreement itself, aided by such relevant authority and rules of construction as are available to us.

The relevant portion of the agreement provides: “In the event that any matter submitted to the Board of Adjustment cannot be settled within five (5) consecutive business days, time may be extended by mutual agreement with the parties hereto, or the issue in dispute may be submitted to an impartial arbitrator…