Sheet Metal Workers International Association Local Union No. 420 v. Huggins Sheet Metal, Inc., Dba H & H Heating and Sheet Metal

752 F.2d 1473 118 L.R.R.M. (BNA) 2603 , 102 Lab.Cas. P 11,349 SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL UNION NO. 420, Plaintiff-Appellant, v. HUGGINS SHEET METAL, INC., dba H & H Heating and Sheet Metal, Defendant-Appellee. CA No. 84-5577. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 6, 1984. Decided Feb. 6, 1985. Ray Van Der Nat, Van Der Nat & Haywood, Los Angeles, Cal., for plaintiff-appellant. Herbert A. Moss, Santa Ana, Cal., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before CHAMBERS and NORRIS, Circuit Judges, and SOLOMON, * District Judge. SOLOMON, District Judge: Appellant, Sheet Metal Workers International Association Local Union No. 420 (Local 420), filed this action against Huggins Sheet Metal, Inc. (Huggins) to compel arbitration or confirm an arbitration award. The district court granted Huggins' motion for summary judgment and found that there was no duty to submit to arbitration. Local 420 appeals. We reverse and remand to the district court for the entry of summary judgment in favor of Local 420. Facts Huggins Sheet Metal, Inc. was a member of United…

Appellant, Sheet Metal Workers International Association Local Union No. 420 (Local 420), filed this action against Huggins Sheet Metal, Inc. (Huggins) to compel arbitration or confirm an arbitration award. The district court granted Huggins’ motion for summary judgment and found that there was no duty to submit to arbitration. Local 420 appeals. We reverse and remand to the district court for the entry of summary judgment in favor of Local 420.

Facts

Huggins Sheet Metal, Inc. was a member of United Sheet Metal Contractors Association (the Association), an employer association that represents sheet metal contractors in their labor relations. The Association, on behalf of Huggins, entered into a collective bargaining agreement with Local 420 for the three years beginning July 1, 1979. The contract was to expire on June 30, 1982 if either party gave ninety days written notice. On January 31, 1982, Local 420 sent Huggins a letter which stated that the union intended to reopen the contract. On April 1, 1982, Huggins resigned from *1474 the Association and notified Local 420 that it intended to bargain on its own behalf.

The collective bargaining agreement contained the following…

concurring in part and dissenting in part:

I concur in part and dissent in part for the reasons I expressed in Hotel & Restaurant Employees, and Bartenders Union, Local 703 v. Williams, 752 F.2d 1476 , decided this date.