Syufy Enterprises v. Northern California State Association of Iatse Locals and Local Union 241

Syufy appeals the District Court’s confirmation of the Labor-Management Agreement award. We note jurisdiction and affirm.

In 1976, the collective bargaining agreement between the parties expired. During negotiations for a new agreement, an issue arose whether the Cine 21 theater and the Vallejo Auto Movies, two theaters that had been leased by Syufy to David Norwitt in April 1976, were to be covered by the new agreement. The parties were unable to resolve the question and, therefore, excluded the theaters from the list of theaters covered by the agreement and agreed to resolve the dispute through “litigation.”

After a wage dispute arose at the two unlisted theaters, the Union claimed that the theaters were subject to the agreement, filed a grievance, and pursuant to the arbitration clause of the agreement, demanded arbitration. Syufy challenged the jurisdiction of the arbitrator on the ground that the theaters were not subject to the agreement, but agreed to have the issue decided by the arbitrator. The arbitrator ruled that the two theaters were subject to the agreement and ordered Syufy to make the employees whole for any losses.

Suyfy filed a petition in California Superior…