Unite Here Local 30 v. Sycuan Band

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITE HERE LOCAL 30, No. 21-55017 Plaintiff-Appellee, D.C. No. v. 3:20-cv-01006-

W-DEB

SYCUAN BAND OF THE KUMEYAAY

NATION,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Southern District of California Thomas J. Whelan, District Judge, Presiding

Argued and Submitted January 10, 2022 Pasadena, California

Filed May 20, 2022

Before: A. WALLACE TASHIMA, MILAN D. SMITH, JR., and PAUL J. WATFORD, Circuit Judges.

Opinion by Judge Milan D. Smith, Jr. UNITE HERE LOCAL 30 V. SYCUAN BAND

SUMMARY *

Labor Law / Arbitration / Indian Gaming Regulatory Act

The panel affirmed the district court’s judgment on the pleadings in favor of labor union Unite Here Local 30 and the district court’s dismissal of a counterclaim brought by the Sycuan Band of the Kumeyaay Nation, a federally recognized Indian tribe.

The union brought suit to compel arbitration of its allegation that Sycuan violated the labor provisions of the parties’ contract respecting the operation of a casino. Sycuan opposed arbitration principally because it…