HUBER, HUNT & NICHOLS v. UNITED ASS'N, LOCAL 38

No. 00-17085.

282 F.3d 746 (2002)

HUBER, HUNT & NICHOLS, INC., Plaintiff-Counter-Defendant-Appellant, v. UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY, LOCAL 38, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 6, 2002.


Attorney(s) appearing for the Case

James Watson, Stanton, Key & Watson LLP, San Francisco, CA, for the plaintiff-counter-defendant-appellant.

Geoffrey Piller, Beeson, Tayer & Bodine, P.C., San Francisco, CA, for the defendant-counter-claimant-appellee.

Before: BEEZER, TROTT and TALLMAN, Circuit Judges.


BEEZER, Circuit Judge.

In this case, two arbitrators claim the power to decide a labor dispute under the same umbrella labor agreement. The parties to the agreement disagree over which arbitrator had power to arbitrate, what type of grievance was before the arbitrators and whether both grievances concerned the same dispute. Each party asks us to confirm one award and vacate the other.

The district court held that, under the circumstances, the question of arbitrability...

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