Karcher Firestopping, Inc. v. Local No. 5 International Ass'n of Heat & Frost Insulators & Asbestos Workers

MEMORANDUM ***

The core question that we confront is which of two arbitration forums had juris *723 diction to hear the parties’ dispute. Local No. 5 argues we need not reach this issue because Karcher failed to exhaust contractual remedies and because the collective bargaining agreement (“CBA”) commits questions of CBA interpretation and arbitrability to the arbitrator.

We have held that “[wjhere a dispute is concededly arbitrable and the only question is which of two grievance procedures governs, the legal issue properly may be resolved by the court.” J.D. Steel Co., Inc., v. Int’l Assoc. of Bridge, Structural and Ornamental Iron Workers, 709 F.2d 1328, 1330 (9th Cir.1983). Because in this case there is no arbitrator to field the dispute until the identity of that individual has been resolved, J.D. Steel controls.

Neither party here disputes the arbitrability of their central dispute. Rather, the question is whether their dispute should have been arbitrated by a third-party arbitrator or the Administrative Committee. We therefore must determine in the first instance which forum has jurisdiction. 1

We apply state law in interpreting CBAs. See First Options of Chicago, Inc. v.…