Orange Belt District Council of Painters No. 48 v. Dave Kashak Dba Dave Kashak Painting Co.

Kashak appeals from a judgment of the United States District Court for the Central District of California that confirmed an arbitration award in favor of the plaintiffs the Union). Kashak contends that the matter was not properly before the arbitration panel and that the arbitration process was defective. We affirm.

I.

FACTS

In May 1975, Kashak, who operates a painting company, entered into an agreement with the Union. The agreement required Kashak to make fringe benefit contributions to several trust funds on behalf of his employees and to submit his books and records to the trustees of the fund for examinations and audits upon demand. The 1975 agreement was renewed twice; the most recent contract covered Kashak’s relation with the Union from 1980 to 1985. Kashak apparently complied with the contribution requirements through June 1982. E.R. at 153-54, 205.

On July 26, 1982, pursuant to the agreement, the Union asked Kashak to produce his books and records for audit. Id. at 179. On July 30, 1982, Kashak responded by sending a certified letter to the Union that purported to “serve as notice that [Kashak] does hereby repudiate and terminate any and all collective bargaining…