Associated Plumbing & Mechanical Contractors of Sacramento, Inc. v. Local Union No. 447

The petition for rehearing is granted. The court’s opinion of September 30, 1986, reported at 800 F.2d 1494 (9th Cir.1986), is withdrawn. The following disposition replaces the court’s previous opinion.

This action was brought by appellee Associated Plumbing and Mechanical Contractors of Sacramento, Inc., a multi-employer bargaining association (the “Association”), to confirm an arbitrator’s award against Atlas Mechanical Inc., (“Atlas”) for failure to contribute to a Contract Administration Fund pursuant to a multi-employer collective bargaining agreement. The district court granted the Association’s motion for summary judgment, ruling that the collective bargaining agreement bound the individual employers to arbitrate disputes concerning the agreement. Reviewing the arbitrator’s award under the “limited standard” of review set forth in the Steelworkers Trilogy, 1 the district court confirmed the arbitrator’s award. Atlas’ appeal presents the question whether the arbitration clause in the collective bargaining contract applies to a dispute between the Association and one of its member-employers. Because we believe it does not, we reverse. 2

I

Whether the Association’s dispute…