Resolving the Dispute: The Ninth Circuit Brings Side Agreements into Scope in the Conflicts over Arbitration in Inlandboatmens Union v. Dutra Group
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Authors
Hofmeister, Justin P.
Issue Date
2003
Volume
36
Issue
Type
Journal Article
Language
Keywords
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Abstract
INTRODUCTION|Pursuant to Section 301 of the Labor Management Relations Act ("LMRA"), parties to a labor contract such as a collective bargaining agreement ("CBA") may bring a breach of contract action in federal district court. Section 301 of the LMRA grants original jurisdiction to federal courts in cases involving CBAs. Regardless of the amount in controversy or diversity of citizenship, Section 301 allows parties to enforce labor contracts in federal district courts having proper jurisdiction. However, when a CBA contains an arbitration clause, federal courts will give deference to the arbitration clause. Section 301 acts as an alternative for parties facing bargaining issues when the CBA fails to contain an arbitration clause or when parties have exhausted their non-judicial remedies...
Description
Citation
36 Creighton L. Rev. 717 (2002-2003)
Publisher
Creighton University School of Law