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ION CONST. CO. v. DIST. COUN. OF PAINTERS NO. 16

No. 84-2584.

803 F.2d 1050 (1986)

ION CONSTRUCTION COMPANY, Petitioner-Appellee, v. DISTRICT COUNCIL OF PAINTERS NO. 16, AFFILIATED LOCAL UNION NO. 3 of the INTERNATIONAL BROTHERHOOD of PAINTERS and Allied Trades of America, AFL-CIO, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1986.

Attorney(s) appearing for the Case

Richard Hill, Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for petitioner-appellee.

David A. Rosenfeld, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for respondents-appellants.

Before NORRIS AND REINHARDT, Circuit Judges, and BURNS, District Judge.

PER CURIAM:

This is an action arising under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185. On cross motions for summary judgment, the district court found Ion Construction had effectively repudiated its prehire agreement with the union and vacated an arbitration award in the union's favor. The union now seeks to have the award reinstated, contending the repudiation issue is for the arbitrator, not the district court, to decide.

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