Alliance of Motion Picture & Television Producers v. Screen Actors Guild, Inc.

942 F.2d 790 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ALLIANCE OF MOTION PICTURE & TELEVISION PRODUCERS, Plaintiff-Appellant, v. SCREEN ACTORS GUILD, INC., Defendant-Appellee. No. 90-56008. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 16, 1991. * Decided Aug. 29, 1991. 1 Before WILLIAM A. NORRIS and DAVID R. THOMPSON, Circuit Judges and KING, District Judge * 2 MEMORANDUM ** 3 The Alliance of Motion Picture & Television Producers ("AMPTP") appeals the district court's dismissal of its complaint against the Screen Actors Guild, Inc. ("SAG") for breach of a collective bargaining agreement. The district court determined that an arbitrator should decide whether the dispute was arbitrable and referred the dispute to arbitration. This was erroneous because a court, and not an arbitrator, must determine if a collective bargaining agreement creates a duty to arbitrate the dispute. AT & T Technologies, Inc. v. Communications Workers,…