Antonio R. Leyva v. Certified Grocers of California, Ltd.

This is an appeal from the district court’s order for a stay of the action “until arbitration has been had in accordance with the collective bargaining agreement.” We have jurisdiction under 28 U.S.C. § 1292 (a)(1). See Beckley v. Teyssier, 332 F.2d 495 , 495 n. 2 (9th Cir. 1964).

The appellants are thirty-five delivery truck drivers employed by Certified Grocers of California Limited (Certified). They are members of the Wholesale Delivery Drivers & Salesmen’s Local 848, an affiliate of the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America. The Union and Certified were parties to a collective bargaining agreement in force during the period relevant to this dispute. The appellants filed suit against Certified, alleging Fair Labor Standards Act violations and breach of the collective bargaining agreement.

The action against Certified was begun in state court. The first count is based on the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq. The employees allege that Certified failed to pay time and one half for work in excess of forty hours per week, and they seek unpaid overtime wages for the three year period prior to the date of…