Northern California Newspaper Guild Local 52 v. The Sacramento Union

The Sacramento Union (“Employer”) appeals the district court’s order granting summary judgment in favor of the Northern California Newspaper Guild Local 52 (“Union”) and compelling Employer to arbitrate the issue of the collective bargaining agreement’s termination. We reverse and remand.

FACTS AND PROCEEDINGS

Employer refused to process Union’s grievance that Employer’s unilateral implementation of its last and best offer violated Article XV, Section 2 of their collective bargaining agreement (“Agreement”). It did so on alternative grounds: first, that the Agreement had expired; and second, that the dispute was not arbitrable. Article XV, Section 2 provides:

The Agreement’s arbitration clause, Article XII, Section 3, provides grievance and arbitration procedures for “[a]ll disputes and disagreements arising from application of this agreement, except renewal of this agreement....”

The district court passed only upon Employer’s second contention. We are satisfied that if the Agreement was in effect, the district court’s application of the “positive assurance” test, see AT & T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643 , 106 S.Ct. 1415 , 89 L.Ed.2d 648…