Moen

Painters District Council No. 33 v. Moen

Good Law
128 Cal. App. 3d 1032
Court of Appeal of CaliforniaFebruary 23, 1982Civ. No. 50995California2,952 words

Opinion

Lead Opinion

Newsom, J.

This is an appeal from an order confirming an arbitration award (Code Civ. Proc., § 1285) rendered by a joint adjustment board (hereafter the board) under authority of a collective bargaining agreement (hereafter agreement).

Respondent is an unincorporated association of various local painters’ unions which exists to provide a forum for employment grievances and disputes. Pursuant to the agreement, certain grievances against appellant 1 were submitted to the board, which found him guilty of violations and imposed fines.

*1036 Appellant argues that the proceeding which resulted in a decision adverse to him was not a “real arbitration,” and for that reason is not entitled to confirmation pursuant to Code of Civil Procedure section 1285 et seq.

As evidence of the nonbinding character of the hearing, appellant points out that the agreement does not mention the term “arbitration” or characterize the proceeding as such. We pause to note at the inception, however, that the failure of the agreement to identify the grievance procedure as “arbitration” is not fatal to its use as a binding mechanism for resolving disputes between the parties. (Truck Drivers Union v. Riss & Co.…

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