Thompson

Thompson v. Elliott Precision Block Co.

Good Law
1965 Cal. App. LEXIS 1414·233 Cal. App. 2d 761·43 Cal. Rptr. 923
Court of Appeal of CaliforniaApril 22, 1965Civ. No. 7479California1,162 words

Opinion

Lead Opinion

Conley, J.

This is an appeal from an order denying appellant’s juridical request for an order directing arbitra *762 tion pursuant to section 1281.2 of the Code of Civil Procedure, which provides in part: “On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, ...”

The petitioner is a resident of the County of San Bernardino and an officer (secretary) and member of General Truck Drivers and Helpers Union, Local 467; he filed the petition in a representative capacity. The organization is hereafter referred to as “the Union.” Elliott Precision Block Co., herein called “the Company,” is a California corporation.

On or about December 14, 1961, the Union and the Company entered into a written collective bargaining agreement effective as of December 1, 1961; it contains a provision (§ XVI) which requires arbitration in case of a dispute over the interpretation of the contract, which reads in part as follows:

A…

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