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ALBERTSON'S INC. v. UNITED FOOD AND COMMERCIAL WORKERS UNION

No. 97-35500.

157 F.3d 758 (1998)

ALBERTSON'S, INC., Plaintiff-Appellant, v. UNITED FOOD AND COMMERCIAL WORKERS UNION, AFL-CIO & CLC; United Food & Commercial Workers Union Local 44; United Food & Commercial Workers Union Local 368A; International Union, AFL-CIO & CLC; CWCW Local 81; CWCW Local 367; CWCW Local 381; CWCW Local 555; CWCW Local 1105; CWCW Local 1439; CWCW Local 135; CWCW Local 324; CWCW Local 373; CWCW Local 588; CWCW Local 770; CWCW Local 839; CWCW Local 870; CWCW Local 1036; CWCW Local 1167; CWCW Local 1179; CWCW Local 1288; CWCW Local 1428; CWCW Local 1442, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 8, 1998.

Attorney(s) appearing for the Case

Joel M. Cohn, Akin, Gump, Strauss, Hauer & Feld, Washington, DC, for plaintiff-appellant.

Scott McKay, Nevin, Herzfeld & Benjamin, Boise, Idaho, and James H. Webster, Webster, Mrak & Blumberg, Seattle, Washington, for defendants-appellees.

Robert E. Williams, McGuiness & Williams and William Stone, Washington, DC, for amicus curiae.

Before: NELSON and KOZINSKI, Circuit Judges, and SCHWARZER, Senior District Judge.

SCHWARZER, Senior District Judge:

We must decide whether members of a labor union may assert claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-19, in federal court without resort to the grievance-arbitration procedure under the collective bargaining agreement between their union and their employer. The district court held that the employees are not required to submit their claims to arbitration before bringing suit under the FLSA. We affirm...

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