Northern California District Council of Laborers v. Pittsburg-Des Moines Steel Co.

This action to confirm an arbitration award was originally filed in San Francisco Superior Court by the Northern California District Council of Laborers. Defendant Pitt-Des Moines, Inc. removed the action to federal *1036 court, asserting federal question and diversity jurisdiction. The district court remanded the ease to San Francisco Superior Court on alternative grounds, both of which Pitt-Des Moines now challenges.

First, the district court held that a forum selection clause in the collective bargaining agreement vested exclusive jurisdiction in San Francisco Superior Court over actions to confirm arbitration awards. 1 PittDes Moines argues that the forum selection clause was permissive (permitting jurisdiction in Superior Court) rather than mandatory (requiring that actions be brought only in that court).

Second, the district court held that Pitt-Des Moines’ failure to join P.D.M. Steel Co., a named co-defendant, in the removal petition rendered the petition procedurally defective under 28 U.S.C. § 1441 (a). Pitt-Des Moines argues that the district court lacked authority to remand on this basis because the Laborers did not raise the issue of a defect in removal…