Sheet Metal Workers International Association, Local Union No. 150 v. Air Systems Engineering, Inc.
Opinion
Opinion
Brunetti, J.
Sheet Metal Workers International, Local Union 150, filed an action in the district court to enforce an arbitration award under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 141 et seq. The award was made pursuant to an interest arbitration clause in the collective bargaining agreement between the Union and Air Systems Engineering, the appellee-employer. The district court ruled that the interest arbitration clause was not in effect at the time the Union submitted the matter to arbitration and, therefore, the court lacked subject matter jurisdiction under Section 301. We affirm.
STANDARD OF REVIEW
The existence of subject matter jurisdiction is a question of law reviewed de novo. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416 , 1421 (9th Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 3217 , 110 L.Ed.2d 664 (1990). “[T]he district court’s factual findings on jurisdictional issues must be accepted unless clearly erroneous.” Stock West, Inc. v. Confederated Tribes of the Colville Reservation, 873 F.2d 1221, 1225 (9th Cir.1989).
FACTS AND PROCEEDINGS BELOW
Sheet Metal Workers Local 150 (the “Union”) entered into a collective bargaining agreement with Air…