Dennis L. Christensen General Building Contractor, Inc. v. General Building Contractor, Inc.

ORDER AND AMENDED OPINION

We must determine whether a union’s contested attempt to extend a collective bargaining agreement’s application beyond its delineated geographical territory is an arbitrable dispute.

I

In 1986, Dennis L. Christensen General Building Contractor, Inc. (“Christensen”), signed a short form memorandum agreement with the Southern California Conference of Carpenters (“SCCC”). The SCCC is a consortium of various labor councils and unions. By signing the short form, Christensen bound itself to adhere to a master labor agreement negotiated by SCCC and a multi-employer bargaining association, United General Contractors, Inc. The short form incorporates by reference all terms and conditions of the master labor agreement, with some specified exclusions.

By virtue of the agreement, Christensen was permitted to employ union carpenters and thus obtain subcontractor jobs within certain Southern California counties. When Christensen signed the short form, neither the short form nor the master labor agreement were applicable in San Diego County. The preamble to the short form makes clear that no San Diego union was party to the agreement:

Similarly, the master labor…