Amalgamated Transit Union v. San Diego Transit Corp.

The The sole issue presented in this appeal is whether the court applied proper methodology in denying the Union’s petition to compel arbitration. We conclude it did not. In reaching the merits of the Union’s claim, the court failed to limit itself to the circumscribed role of passing only on the question of whether the claim on its face was covered by the arbitration provisions of the collective bargaining agreement. Accordingly, we reverse the order and instruct the court to compel arbitration in accordance with the agreement.

The San Diego Transit Corporation (Employer) operates the bus system in San Diego. Many bus drivers in the system are members of the Amalgamated Transit Union, AFL-CIO, Local Division 1309 (Union). On January 1, 1976, the parties entered into a collective bargaining agreement effective through December 31, 1978. The agreement includes the following:

Code of Civil Procedure section 1281.2 requires arbitration where an agreement to arbitrate the controversy exists. Rules governing analysis of this section in the context of labor disputes have developed to promote arbitration as the preferred method of dispute resolution. (Posner v. Grunwald-Marx,…