United Food and Commercial Workers Union, Local 770 v. Geldin Meat Company

Good Law
13 F.3d 1365·94 Daily Journal DAR 446·1994 WL 5512·145 L.R.R.M. (BNA) 2206·17 Employee Benefits Cas. (BNA) 1985
United States Court of Appeals for the Ninth CircuitJanuary 12, 199492-55707California2,258 words

Opinion

Opinion

Pregerson, J.

OVERVIEW

Appellant United Food and Commercial Workers Union, Local 770 (“the Union”), filed a petition to compel arbitration on March 16, 1992, to require Appellee Geldin Meat Company, Irie. (“Geldin”) to arbitrate the Union’s grievance concerning Geldin’s alleged failure to provide its employees with health insurance as promised in the collective bargaining agreement. On March 26, 1992, the Union moved to compel arbitration and requested attorney’s fees.

The District Court denied the motion in an Order entered on May 22, 1992. The District Court had jurisdiction pursuant to the Taft-Hartly Act § 301, 29 U.S.C. § 186 . We ’ have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand to the District Court with instructions to compel arbitration.

BACKGROUND

The Union and Geldin were parties to a collective bargaining agreement (“CBA”), effective through February 24, 1993, which governed the terms and conditions of employment for various employee groups. Article XVI of the CBA provided in part that, “The Employer shall provide employees and their eligible dependents with coverage under a group medical insurance program providing for major medical, prescription drug,…

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