Jim R. Keeling, Dba River City Mechanical v. Sheet Metal Workers International Association, Local Union 162, an Unincorporated Association

ORDER

The request for publication is GRANTED. The memorandum disposition filed February 28, 1991, 927 F.2d 609 is redesig-nated as an authored opinion by Judge Goodwin, with a few minor editorial changes.

Jim R. Keeling, dba River City Mechanical, and Liana M. Keeling appeal the district court’s order vacating the dismissal of an action between the Keelings and Sheet Metal Workers International Association (“Local 162”). The order to vacate was entered pursuant to Federal Rule of Civil Procedure 60(b)(6). An attempted settlement of the underlying dispute precipitated the original dismissal. After the Keelings frustrated the settlement, the union asked the district court to vacate the dismissal.

River City was a member of a multi-em-ployer bargaining organization called the Sheet Metal and Air Conditioning Contractors National Association of Sacramento (“SMACNA”). River City, SMACNA, and Local 162 were signatories to a collective bargaining agreement that was scheduled to expire on June 30, 1981. Article X, Section 8 of that contract provided that any controversy or dispute arising out of the failure of the parties to negotiate a successor collective bargaining agreement would…