Van Waters & Rogers Inc. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Local Union 70

Good Law
913 F.2d 736
United States Court of Appeals for the Ninth CircuitSeptember 5, 1990No. 89-15959California3,008 words

Opinion

lead Opinion

Alarcon, J.

Van Waters & Rogers, Inc. (Van Waters) appeals from an order affirming an arbitration award in favor of International Brotherhood of Teamsters, Local 70 (Local 70). The arbitrator awarded damages to former Local 70 employees based on Van Waters’ breach of the purchase agreement with McKesson Chemical Company (McKesson). Van Waters agreed to assume the terms and conditions of McKesson’s collective bargaining agreement with Local 70, including the integration of seniority rights in the event of a takeover. Van Waters contends that the district court erred in affirming the award on the following grounds: (1) the arbitrator exceeded the scope of his authority in resolving a juris *738 dictional dispute between two unions; and (2) the award violates the public policy set forth in the National Labor Relations Act (NLRA). We disagree and affirm.

STATEMENT OF FACTS

Before it ceased operating its Union City plant, on November 1, 1986, McKesson, a division of McKesson Corporation, sold and distributed chemicals nationwide. McKes-son serviced an expansive region of Northern California through its Union City, California facility. The seven truck drivers employed by McKesson at the Union…

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