Seven-UP/RC Bottling Co. of Southern California, Inc. v. Amalgamated Industrial Workers Union

MEMORANDUM **

Amalgamated Industrial Workers Union, Local 61, NFIU/LIUNA (“AIWU”) appeals from the district court’s interlocutory order denying its motion to compel arbitration. The district court relied on Standard Concrete Products, Inc. v. General Truck Drivers, Office, Food and Warehouse Union, Local 952, 353 F.3d 668 (9th Cir.2003), to hold that the collective bargaining agreement did not require the employer to submit its claim to arbitration. We dismiss for lack of jurisdiction.

Generally, an appeal cannot be taken from an interlocutory order. See, e.g., Chacon v. Babcock, 640 F.2d 221, 222 (9th Cir.1981). However, the Federal Arbitration Act provides that an appeal may be taken from an order denying a petition to order arbitration. 9 U.S.C. § 16 (a) (1999). This right of appeal does not apply “to contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce,” id. § 1, including contracts of employment of transportation workers, Circuit City Stores, Inc. v. Adams, 532 U.S. 105, 119, 121 S.Ct. 1302 , 149 L.Ed.2d 234 (2001). Members of AIWU include *644 Semi-Drivers, Pre-Sales Delivery Drivers,…