Contra Costa Legal Assistance Workers v. Contra Costa Legal Services Foundation

Contra Costa Legal Assistance Workers, a labor union, appeals the district court’s refusal to compel Contra Costa Legal Services Foundation to arbitrate an employee grievance. The district court granted the Foundation’s cross-motion for summary judgment in the union’s action to compel arbitration. We affirm.

The union claims that the grievance of a Foundation employee, Robert Moore, was subject to the arbitration provision contained in the collective bargaining agreement between the union and the Foundation. Moore was informed that he was being laid off due to a decrease in the Foundation’s projected income. We review de novo the district court’s grant of summary judgment. National Basketball Ass’n v. SDC Basketball Club, Inc., 815 F.2d 562, 565 (9th Cir.), cert. dismissed, — U.S. -, 108 S.Ct. 362 , 98 L.Ed.2d 386 (1987).

Arbitration is a “matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.” United Steel Workers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582 , 80 S.Ct. 1347, 1352 , 4 L.Ed.2d 1409 (1960). An arbitration clause in a collective bargaining agreement creates a presumption of arbitrability.…