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FEDERATED EMP., ETC. v. TEAMSTERS LOCAL NO. 631

No. 77-2060.

600 F.2d 1263 (1979)

FEDERATED EMPLOYERS OF NEVADA, INC., Home Lumber Company of Nevada, Henderson Builders Supply, L & H Builders Supply Company, Oneill Lumber Company, Van's Builders Supply, Inc., Ed Von Tobel Lumber Company and Toto Purchasing & Supply Co., Petitioners-Appellants, v. TEAMSTERS LOCAL NO. 631, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

July 11, 1979.

Attorney(s) appearing for the Case

Brian L. Rexon, Stephen A. Mazurak (argued), Rexon & Mazurak, Los Angeles, Cal., for petitioners-appellants.

Joseph J. Kaplon (argued), Los Angeles, Cal., for respondents-appellees.

Before CHOY and ANDERSON, Circuit Judges, and BARTELS, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

A single issue is presented by this appeal: Does the arbitrator's award draw its essence from the collective bargaining agreement? We hold it does not and reverse.

The collective bargaining agreement, which the parties agree is valid, provides for arbitration of annual wage increases if an accord is not reached in negotiations. The arbitrator's authority is narrow:

"The arbitrator shall be instructed by the parties...

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