R.B. Electric, Inc. v. Local 569, International Brotherhood of Electrical Workers, Afl-Cio, Defendant

R.B. Electric, Inc. (R.B. Electric) appeals from a district court order granting summary judgment to Local 569, International Brotherhood of Electrical Workers (Local 569) in R.B. Electric’s action to obtain declaratory and injunctive relief against arbitration of Local 569’s grievance. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm, but on a ground other than that relied upon by the district court.

I

R.B. Electric, an electrical contractor, became a signatory to a collective bargaining agreement (the Agreement) between the San Diego County Chapter of the National Electrical Contractors Association, Inc. and Local 569. Section 2.16(a) of the Agreement provided:

Section 1.04 set forth a two-step grievance procedure for “any ... dispute over matters relating to this Agreement.” Any grievance not resolved by the parties would be referred to a Labor-Management Committee (the Committee). If the Committee failed to resolve the grievance, either party could submit the grievance to the Council on Industrial Relations for the Electrical Contracting Industry (the Council) for a final and binding decision. Section 2.16(b) further specified that the Committee and the Council…