Sheet Metal Workers's International Association, Local Union No. 104, and Cross-Appellee v. Brisco Sheet Metal, and Cross-Appellant

972 F.2d 1342 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SHEET METAL WORKERS'S INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 104, Petitioner-Appellant and Cross-Appellee, v. BRISCO SHEET METAL, Respondent-Appellee and Cross-Appellant. Nos. 91-15981, 91-15982. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 16, 1992. Decided Aug. 19, 1992. Before WALLACE, Chief Judge, and SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Appellant and Cross-Appellee Sheet Metal Workers' International Association, Local Union No. 104 ("the Union") appeals the district court's decision striking inclusion of an "interest arbitration clause" 1 in a collective bargaining agreement between the Union and the Redwood Empire Chapter, Sheet Metal and Air Conditioning Contractors National Association, ("SMACNA") which was allegedly binding upon Brisco Sheet Metal, Inc. ("Brisco") as a signatory employer to the agreement. Brisco cross appeals, arguing that the…