International Brotherhood of Electrical Workers, Local 1186 v. Pacific Electrical Contractors Association

Ninth Circuit

International Brotherhood of Electrical Workers, Local 1186 v. Pacific Electrical Contractors Association

827 F.2d 1400, 1987 U.S. App. LEXIS 12397, 107 Lab. Cas. (CCH) 10,224

Court of Appeals for the Ninth Circuit·Decided September 17, 1987·No. 86-2443·Published·Cited by 1 cases

Opinion

ORDER

TANG, Circuit Judge:

The decision of the district court is VACATED in light of this court’s decision in Kim v. Fujikawa, 827 F.2d 1401 (9th Cir.1987). The case is REMANDED to the district court for entry of an order dismissing the petition to compel arbitration and for appointment of an arbitrator for reason of failure of the petitioner to exhaust the administrative remedies provided for in the *1401 PECA-IBEW Health and Welfare Fund Declaration of Trust Agreement.

VACATED and REMANDED.

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ORDER

TANG, Circuit Judge:

The decision of the district court is VACATED in light of this court’s decision in Kim v. Fujikawa, 827 F.2d 1401 (9th Cir.1987). The case is REMANDED to the district court for entry of an order dismissing the petition to compel arbitration and for appointment of an arbitrator for reason of failure of the petitioner to exhaust the administrative remedies provided for in the *1401 PECA-IBEW Health and Welfare Fund Declaration of Trust Agreement.

VACATED and REMANDED.

International Brotherhood of Electrical Workers, Local 1186 v. Pacific Electrical Contractors Association, 827 F.2d 1400, 1987 U.S. App. LEXIS 12397, 107 Lab. Cas. (CCH) 10,224 (9th Cir. 1987).

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Opinion

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