Moore

Moore v. Local 569 of the International Brotherhood of Electrical Workers

Good Law
53 F.3d 1054
United States Court of Appeals for the Ninth CircuitMay 5, 1995No. 93-56717California2,311 words

Opinion

Lead Opinion

Fernandez, J.

Lawrence Moore brought this action against Fischbach & Moore, Inc. (Fischbach) among others. After his action failed as to Fischbach, the district court upheld an attorneys’ fee award which was imposed upon Moore pursuant to an arbitration procedure. Moore then appealed. He raises a whole host of issues, but we find one dispositive— did the arbitration agreement’s attorneys’ fee provision apply to Moore? The answer to that question is no. We, therefore, do not decide the other issues regarding that award of fees. However, we do consider Moore’s additional claim that he should not have been sanctioned for a late filed motion. We reverse in part and vacate and remand in part.

BACKGROUND

Moore was a member of Local 569 of the International- Brotherhood of Electrical Workers and an employee of Fischbach. It and Local 569 were signatories to a collective bargaining agreement which had a lengthy title but which we will simply call the “Inside Agreement.” At the time this dispute-arose the October 1, 1986 version of the Inside Agreement was in effect, but before the case went to trial, the August 23,1988 version was adopted.

Moore was of the opinion that Fischbach and Local 569 had…

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