Hotel And Restaurant Employees And Bartenders International Union, Afl-Cio v. Michelson's Food Services, Inc.

545 F.2d 1248 94 L.R.R.M. (BNA) 2014 , 79 Lab.Cas. P 11,775 HOTEL AND RESTAURANT EMPLOYEES AND BARTENDERS INTERNATIONAL UNION, AFL-CIO, Petitioner-Appellant, v. MICHELSON'S FOOD SERVICES, INC., a California Corporation, and Larry Manning, Respondents-Appellees. No. 74-2994. United States Court of Appeals, Ninth Circuit. Nov. 29, 1976. Lester Ostroz (argued), Los Angeles, Cal., for petitioner-appellant. Jeffrey C. Freedman (argued), of Nelson, Kirshman, Goldstein, Gentile & Rexon, Los Angeles, Cal., for respondents-appellees. Before DUNIWAY and WALLACE, Circuit Judges, and RICHEY, * District judge. DUNIWAY, Circuit Judge: 1 The Hotel and Restaurant Employees Union appeals from the district court's denial of its petition to enforce an interim arbitration award. We reverse and remand. 2 This case arises out of a grievance against Michelson's Food Services by Manning, one of its employees, who claims that Michelson's failed to pay him over $30,000 due him under a labor agreement for work performed during the period from January 1, 1965, to May 15, 1971. Manning first filed a written grievance with the Union, the exclusive bargaining representation of Michelson's employees, and on…