INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1186, PETITIONER-APPELLANT,
v.
PACIFIC ELECTRICAL CONTRACTORS ASSOCIATION, RESPONDENT-APPELLEE

9th Cir. | 1987-09-17
No. 86-2443
Before CHAMBERS, GOODWIN and TANG, Circuit Judges.
827 F.2d 1400 United States Court of Appeals for the Ninth Circuit (1987) Positive Treatment
Cited by 2 cases

Opinion of the Court
TANG, Circuit Judge:

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 PECA-IBEW Health and Welfare Fund Declaration of Trust Agreement.

VACATED and REMANDED.


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