RETAIL DELIVERY DRIVERS, ETC. v. SERVOMATION CORP.

No. 82-4396.

717 F.2d 475 (1983)

RETAIL DELIVERY DRIVERS, DRIVER SALESMEN, PRODUCE WORKERS & HELPERS LOCAL 588, Petitioner-Appellant, v. SERVOMATION CORPORATION, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1983.


Attorney(s) appearing for the Case

Kenneth N. Silbert, Beeson, Tayer, Kovach & Silbert, San Francisco, Cal., for petitioner-appellant.

Samuel L. Holmes, Angell, Holmes & Lea, San Francisco, Cal., for respondent-appellee.

Before FAIRCHILD, Senior Circuit Judge, and HUG and FARRIS, Circuit Judges.


FAIRCHILD, Senior Circuit Judge.

This is an appeal from a denial of Local 588's Petition to Compel Arbitration pursuant to its collective bargaining agreement with Servomation. The district court held that petitioner's grievance was "not subject to compulsory arbitration because of [its] failure to comply with the contractual time limitation [for demanding arbitration] and that the parties did not agree to the arbitration of grievances not meeting the contractual...

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