San Diego County District Council Of Carpenters Of The United Brotherhood Of Carpenters & Joiners Of America v. G. L. Cory

685 F.2d 1137 111 L.R.R.M. (BNA) 2222 , 95 Lab.Cas. P 13,758 SAN DIEGO COUNTY DISTRICT COUNCIL OF CARPENTERS OF the UNITED BROTHERHOOD OF CARPENTERS & JOINERS OF AMERICA, Petitioner/Appellant, v. G. L. CORY, Associated General Contractors of America, San Diego Chapter, Inc., Respondents/Appellees. No. 81-5327. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 2, 1982. Decided Aug. 31, 1982. Michael B. Roger, Van Bourg, Allen Weinberg & Roger, San Francisco, Cal., for petitioner/appellant. Mark T. Bennett, San Diego, Cal., for respondents/appellees. Appeal from the United States District Court for the Southern District of California. Before HUG, TANG and PREGERSON, Circuit Judges. TANG, Circuit Judge: 1 This appeal is from a district court dismissal of a petition to vacate an arbitration award entered under a collective bargaining agreement. The petition was dismissed as untimely. The issue presented is whether the 100-day limitations period of Cal.Civ.Proc. Code § 1288 or the three-month limitations period of the United States Arbitration Act, 9 U.S.C. § 12 , should apply to actions brought under section 301 of the Labor Management…