Auto, Marine & Specialty Painters Local No. 1176 v. Bay Area Sealers, Inc.

577 F.2d 609 99 L.R.R.M. (BNA) 2313 , 84 Lab.Cas. P 10,702 AUTO, MARINE & SPECIALTY PAINTERS LOCAL NO. 1176, Petitioner-Appellant, v. BAY AREA SEALERS, INC., Respondent-Appellee. No. 77-1908. United States Court of Appeals, Ninth Circuit. June 29, 1978. David A. Rosenfeld, of Van Bourg, Allen, Weinberg, Roger, San Francisco, Cal., for petitioner-appellant. Maureen E. McClain, of Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for respondent-appellee. Appeal from the United States District Court for the Northern District of California. Before BROWNING and WRIGHT, Circuit Judges, and KUNZIG, * Judge, U.S. Court of Claims. PER CURIAM: 1 In response to appellant's petition to compel arbitration of certain grievances, appellee stipulated to the initial existence of a collective bargaining agreement between the parties but asserted the agreement had been abandoned because appellant took no action to implement it for over a year despite appellee's overtures. The district court agreed and dismissed the petition. The appellant argues that the defense of abandonment should have been left to the arbitrator. We agree. 2 In Operating Engineers Local 150 v. Flair Builders,…