Moss

Moss v. Technicolor Inc.

Good Law
48 F. App'x 638
United States Court of Appeals for the Ninth CircuitOctober 9, 2002No. 01-56001; D.C. No. CV-99-05601-WJRCalifornia1,142 words

Opinion

Lead Opinion

MEMORANDUM

As the facts are known to the parties, we do not recite them here except as necessary to explain our decision. We review the district court’s grant of summary judgment de novo. See Delta Sav. Bank v. United States, 265 F.3d 1017 , 1021 (9th Cir.2001). For the reasons that follow, we affirm the judgment of the district court in all respects.

In counts one and two of their complaint, plaintiffs allege that defendant Technicolor wrongfully failed to contribute to the Motion Picture Industry Pension Plan (“MPIPP”) and the Motion Picture Industry Individual Account Plan (“MPI-IAP”) (collectively, the “Industry Plans”) on their behalf. The district court dismissed these two claims on the ground that they are subject to the mandatory arbitration provisions of the pertinent collective bargaining agreements (“CBAs”).

The CBAs governing plaintiffs’ employment all provide for arbitration of “any dispute between the Local Union or any of the persons subject to this Agreement and the Producer [Technicolor] with regard to wage scales, hours of employment or working conditions or with regard to the interpretation of this Agreement.” The term “wages” in a CBA generally encompasses…

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