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TOYOTA OF BERKELEY v. LOCAL 1095

No. 87-1555.

834 F.2d 751 (1987)

TOYOTA OF BERKELEY, a corporation, Plaintiff/Appellee, v. AUTOMOBILE SALESMEN'S UNION, LOCAL 1095, UNITED FOOD AND COMMERCIAL WORKERS UNION, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 14, 1987.

Attorney(s) appearing for the Case

John R. Bobay, San Anselmo, Cal., for plaintiff/appellee.

David A. Rosenfeld, San Francisco, Cal., for defendant/appellant.

Before HUG, BOOCHEVER and BRUNETTI, Circuit Judges.

BOOCHEVER, Circuit Judge:

The Automobile Salesmen's Union, Local 1095, United Food and Commercial Workers Union (Union) appeals the district court order vacating an arbitration award on the grievance of a discharged employee. The district court held that the ex parte arbitration hearing was improper and the arbitrator was biased. We reverse.

At issue is the right to proceed ex parte with an arbitration after both parties have agreed to arbitration and the...

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