Paper, Allied-Industrial Chemical & Energy Workers International Union, Local 8-192 v. TXI Riverside Cement Co.

MEMORANDUM **

Paper, Allied-Industrial Chemical & Energy Workers International Union, Local 8-192 (“PACE”), appeals the district court’s dismissal of its complaint for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse and remand. Because the parties are familiar with the facts and procedural history, we do not recount them here.

We review dismissals under Federal Rule of Civil Procedure 12(b)(6) de novo. Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001).

“The function of the court is very limited when the parties have agreed to submit all questions of contract interpretation to the arbitrator. It is confined to ascertaining whether the party seeking arbitration is making a claim which on its face is governed by the contract.” United Steelworkers of America v. American Mfg. Co., 363 U.S. 564, 567-68 , 80 S.Ct. 1343 , 4 L.Ed.2d 1403 (1960). The Supreme Court has further explained that

United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582-83 , 80 S.Ct. 1347 , 4 L.Ed.2d 1409 (1960) (emphasis added); see also AT & T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643, 650 , 106…