O'MALLEY v. WILSHIRE OIL CO.

Docket No. L.A. 26771.

59 Cal.2d 482 (1963)

381 P.2d 188

30 Cal. Rptr. 452

EMMETT O'MALLEY, Plaintiff and Appellant, v. WILSHIRE OIL COMPANY, Defendant and Respondent.

Supreme Court of California. In Bank.

May 7, 1963.


Attorney(s) appearing for the Case

Levy, Russell, DeRoy & Glow and Mervin N. Glow for Plaintiff and Appellant.

Curtis, Laymon & Vail and Richard W. Curtis for Defendant and Respondent.


TOBRINER, J.

While the parties to a collective bargaining agreement may delineate the scope of an arbitration provision according to their design, neither the language of the provision in the instant case, nor the facts, support the contention that the arbitration procedure excluded the arbitrability of the present grievance of the union. We hold, for the reasons that follow, that the trial court, by accepting the posited contentions of the defendant, improperly resolved...

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