Teamsters, Chauffeurs, Warehousemen & Helpers Local Union 524 v. D. S. Billington

402 F.2d 510 TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS LOCAL UNION 524, etc., Appellants, v. D. S. BILLINGTON, d/b/a Billington Builders Supply and Billington Builders Supply, Inc., Appellee. No. 22046. United States Court of Appeals Ninth Circuit. October 28, 1968. George H. Davies (argued), of Vance, Davies, Roberts & Bettis, Seattle, Wash., for appellants. Perry J. Robinson, Yakima, Wash., for appellee. Before MERRILL and CARTER, Circuit Judges, and WHELAN, * District Judge. JAMES M. CARTER, Circuit Judge. 1 This is an action for specific performance of an arbitration clause in a collective bargaining agreement. The appeal raises the following question: Whether the employer was bound by the offer of a purported agent made to the union for a collective bargaining agreement which the union claims it accepted. 1 2 The appellant, Teamsters, Chauffeurs, Warehousemen and Helpers Local 524 (hereafter the Union), commenced the action below against D. S. Billington, an individual doing business as Billington Builders Supply (hereafter Billington) and Billington Builders Supply, Inc. (hereafter Billington Corporation), to compel specific performance of an arbitration clause…