Alaska Employment Law

The 9th Circuit has affirmed dismissal of an employer’s § 301 claim against the Teamsters International, and compelled arbitration of the employer’s § 301 claim against California Teamsters Local 287.   The unanimous panel included District Judge John Sedwick from Alaska.  

The panel held that § 301 does not authorize a claim of tortious interference with contract against a union whose duties and rights are not governed by the underlying CBA.  It also held (footnote 3) that “a failure to state a claim under section 301(a) of the LMRA is a defect in subject-matter jurisdiction,” and that the District Court should have dismissed the claim under Rule 12(b)(1), rather than 12(b)(6).

On the claim against the local union, the panel held that the trial judge erred in refusing to compel arbitration where, as here, the employer challenged the formation of the entire contract, but not the separate validity of the arbitration provision, where the arbitration provision was broad enough to plausibly cover challenges to contract formation.  Here, the arbitration provision governed  “[a]ll disputes arising under this agreement.”

Granite Rock Co. v. Teamsters, 2008 WL _______ (9th Cir. Oct. 23, 2008)