Sheet Metal Workers International Association, Local Union No. 150 v. Air Systems Engineering, Inc.

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 the Court did “not have subject matter jurisdiction of this action pursuant to 29 U.S.C. § 185 (A)[a].” We affirm.

STANDARD OF REVIEW

We review factual determinations made by the district court for clear error and its conclusions of law de novo. Bay Area Typographical Union v. Alameda Newspaper, 900 F.2d 197, 199 (9th Cir.1990).

FACTS AND PROCEEDINGS BELOW

Sheet Metal Workers Local 150 (the “Union”) entered into a collective bargaining agreement with Air Systems Engineering on June 1, 1977. The contract contained the following duration (article XII) and interest arbitration (article X) provisions which gave rise to the dispute in this case:

On February 28,…