California Pacific Medical Center v. Service Employees International Union

MEMORANDUM **

Service Employees International Union United Healthcare Workers-West (“SEIU”) appeals from a district court judgment granting in part a petition to vacate an arbitration award filed by California Pacific Medical Center (“CPMC”). SEIU argues that the district court erred by: (1) failing to bar CPMC’s petition under the statute of limitations; (2) finding that CPMC had not waived its substantive argument by failing to raise it at arbitration; (3) finding that the arbitrator’s *473 award violated an explicit, well-defined, and dominant public policy; and (4) failing to award attorneys’ fees. 1

For labor disputes that arise in California, a petition to vacate must be filed within 100 days of the issuance of a final arbitration award. San Diego County Dist. Council of Carpenters v. Cory, 685 F.2d 1137 , 1142 (9th Cir.1982); Cal.Civ. Proc.Code § 1288. The November 30 arbitration award was not final because the arbitrator retained jurisdiction to resolve disputed damages issues between the parties. See Millmen Local 550 v. Wells Exterior Trim, 828 F.2d 1373, 1376 (9th Cir. 1987). Indeed, the arbitrator specifically directed SEIU to submit an accounting and stated CPMC…