United Food & Commercial Workers Union, Locals 197, 373, 428, 588, 775, 839, 870, 1119, 1179 and 1532 v. Alpha Beta Co.

MEMORANDUM AND ORDER

Ten union locals have filed a Petition to Compel Arbitration and Complaint for Specific Performance (“Petition and Complaint”) pursuant to § 301 of the Labor Management Relations Act, 29 U.S.C. § 185 , the Federal Arbitration Act, 9 U.S.C. §§ 4 and 5, and 28 U.S.C. § 1337 . The Petition and Complaint seeks to compel arbitration of a dispute between petitioners and the respondent employer under collective bargaining agreements that petitioners and respondent entered into in 1980. The agreements are effective until 1983. The dispute involves respondent’s refusal to contribute to health and welfare and pension programs set up under those agreements on behalf of certain members of the petitioning locals. Subsequent to the execution of the collective bargaining agreements in 1980, these local members were transferred by respondent from their prior jobs to positions in respondent’s food store in Pinole, California. Since 1981, respondent has made pension contributions on behalf of those employees transferred to the Pinole store to a fund set up pursuant to an agreement between respondent and the Independent Alpha Beta Workers Association (“IABWA”). The IABWA…