GRAPHIC COMMUN. UNION NO. 2 v. GCIU-EMP. RETIREMENT

Nos. 89-55227, 89-55261.

917 F.2d 1184 (1990)

GRAPHIC COMMUNICATIONS UNION, DISTRICT COUNCIL NO. 2, AFL-CIO, Plaintiff-Appellant, Cross-Appellee, v. GCIU-EMPLOYER RETIREMENT BENEFIT PLAN, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 26, 1990.


Attorney(s) appearing for the Case

Steven J. Kaplan, Gilbert & Sackman, Los Angeles, Cal., for plaintiff-appellant-cross-appellee.

Kirke M. Hasson, Kim Zeldin and Robert M. Westberg of Pillsbury, Madison & Sutro, San Francisco, Cal., for defendant-appellee-cross-appellant.

Before WALLACE, THOMPSON and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

We again confront the tension created by the competing concerns of access to the courts and the enforcement of agreements to arbitrate employee benefit plan disputes. We must determine whether the congressional guarantee of ready access to the federal courts renders a mandatory arbitration agreement unenforceable.

I

Between 1979 and 1986, Owens-Illinois Forest Products Group...

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