Order of Repeaterman and Toll Testboardmen Local Union 101, Ibew, AFL-CIO v. Pacific Bell

959 F.2d 241 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ORDER OF REPEATERMAN AND TOLL TESTBOARDMEN LOCAL UNION 1011, IBEW, AFL-CIO, Plaintiff-Appellant, v. PACIFIC BELL, Defendant-Appellee. No. 90-16115. United States Court of Appeals, Ninth Circuit. Submitted Feb. 11, 1992. * Decided April 1, 1992. Before GOODWIN, FARRIS and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Order of Repeatermen and Toll Testboardmen Local Union 1011, IBEW, AFL-CIO, or "ORTT", assigns error to the district court's sua sponte grant of summary judgment in Pacific Bell's favor. ORTT argues that whether a settlement agreement entered into by the parties after their collective bargaining agreement bars arbitration of grievances which were to be dismissed under the settlement agreement is itself an issue for arbitration. 3 A Notice of Appeal was timely filed. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm. FACTS AND PROCEEDINGS BELOW 4 ORTT represents a bargaining unit of…