International Brotherhood of Electrical Workers, Local 1186 v. Pacific Electrical Contractors Association
827 F.2d 1400·107 Lab. Cas. (CCH) 10,224·1987 U.S. App. LEXIS 12397
United States Court of Appeals for the Ninth CircuitSeptember 17, 198786-2443California77 words
Opinion
Tang, J.
ORDER
The decision of the district court is VACATED in light of this court’s decision in Kim v. Fujikawa, 827 F.2d 1401 (9th Cir.1987). The case is REMANDED to the district court for entry of an order dismissing the petition to compel arbitration and for appointment of an arbitrator for reason of failure of the petitioner to exhaust the administrative remedies provided for in the PECA-IBEW Health and Welfare Fund Declaration of Trust Agreement.
VACATED and REMANDED.