Toyota of Berkeley v. Automobile Salesmen's Union, Local 1095 United Food and Commercial Workers Union

60 F.3d 835 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TOYOTA OF BERKELEY, Plaintiff-Appellant, v. AUTOMOBILE SALESMEN'S UNION, LOCAL 1095; United Food and Commercial Workers Union, Defendants-Appellees. No. 94-15062. United States Court of Appeals, Ninth Circuit. Submitted June 14, 1995. * Decided July 7, 1995. Before: HUG, ALARCON, TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Toyota appeals a district court order affirming an arbitrator's award of back pay to Edward Fontes, a former Toyota salesperson and member of the Automobile Salesmen's Union ("the Union"). The Union argues that Toyota's appeal is frivolous and seeks sanctions under Federal Rule of Appellate Procedure 38. 3 We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We affirm the district court order affirming the arbitration award, but decline to impose sanctions. I. Facts 4 Toyota and Local 1095 were parties to a collective bargaining agreement that expired May 31, 1983. Fontes worked as a salesperson…