Wawock

STATEMENT OF FACTS AND PROCEDURE

Wawock, an electrician and a member of the International Brotherhood of Electrical Workers, filed a class action complaint against defendant CSI Electrical Contractors (“CSI”), alleging that CSI failed to pay wages to its electricians for time spent attending mandated training courses on topics such as safety, first aid, and harassment prevention. He stated causes of action for violations of the Labor Code and controlling Wage Orders, and sought an injunction and attorneys fees under the Unfair Competition Law (Business and Professions Code section 17200 et seq.) as well as penalties under the Private Attorneys General Act (PAGA) (Labor Code, § 2698 et seq.). CSI petitioned to compel arbitration pursuant to a collective bargaining agreement (“CBA”). After hearing, the trial court determined that the CBA committed the threshold question of arbitrability to the Labor Management Committee. Wawock petitioned for writ review and this court issued an alternative writ. On September 17, 2013, a majority of this court denied the petition, holding that the parties had manifested a clear intent to commit the threshold question of arbitrability to the Labor…