Las Vegas Sands Inc v. Culinary Workers Union Local 226

MEMORANDUM *

Culinary Workers Union Local # 226 (“Culinary”) appeals the district court’s order denying its motion to compel arbitration of a claim filed against it by Las Vegas Sands, Inc. (“LVSI”) for breach of implied covenant of good faith and fair dealing. LVSI cross-appeals the district court’s summary judgment dismissing its claim for breach of contract and its claim for tortious interference with economic advantage, to the extent that tort claim is predicated upon Culinary’s lobbying activities. We have jurisdiction over these consolidated appeals under 28 U.S.C. § 1292 (b). We reverse the district court’s denial of Culinary’s motion to compel arbitration of the implied covenant claim, and we affirm the district court’s dismissal of LVSI’s other claims.

I.

We first address a portion of LVSI’s cross-appeal: the district court’s grant of summary judgment on the breach of contract claim. We review de novo the district court’s construction and interpretation of the collective bargaining agreement (“CBA”). See Carpenters Health and Welfare Trust Fund v. Bla-Delco Constr. Inc., 8 F.3d 1365 , 1367 (9th Cir.1993).

Section 22.01 of the CBA prohibits Culinary from interfering…