International Alliance of Theatrical Stage Employee & Moving Picture Technicians, Artist, & Allied Crafts of the United States v. InSync Show Productions, Inc.

Good Law
801 F.3d 1033·2015 WL 5166743·204 L.R.R.M. (BNA) 3192·2015 U.S. App. LEXIS 15784
United States Court of Appeals for the Ninth CircuitSeptember 4, 2015No. 12-17200California5,371 words

Opinion

lead Opinion

Paez, J.

' This appeal presents two issues arising from a petition to compel arbitration under a collective bargaining agreement between the International Alliance of Theatrical Stage Employees and Moving Picture Technicians, Artists, and Allied Crafts of the United States, its Territories and Canada and its Trusteed Local 720 Las Vegas, Nevada (“IATSE”) and InSync Show Productions, Inc. (“InSync”). It is undisputed that IATSE and InSync agreed to a collective bargaining agreement containing both a grievance and arbitration procedure and a provision governing the length of the agreement’s life. After the parties unsuccessfully negotiated regarding a potential successor agreement, IATSE filed a petition to compel arbitration in federal court. The district court granted IATSE’s petition to compel arbitration pursuant to the parties’ initial agreement and “stayed” the case. We must decide whether we have jurisdiction over InSync’s appeal from the order compelling arbitration and, if so, whether the district court properly compelled arbitration. We conclude that the district court’s arbitration order was final under 28 U.S.C. § 1291 because the stay lacked any legal or practical…

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