Wash. Court of Appeals published opinion — 315223.cor.pdf

Citation: Wash. Court of Appeals published opinion — 315223.cor.pdf
Jurisdiction: Washington (state)
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whether an issue is arbitrable under the CBA, it is not the court's job to determine the

merits of the alleged grievances. Peninsula Sch. Dist. No. 401 v. Pub. Sch. Emps. of

Peninsula, 130 Wn.2d 401, 413,924 P.2d 13 (1996). The district does not disagree.

The core issue of this appeal, then, is whether the grievance filed by the union on

Ms. Easterling's behalf was arbitrable, in whole or in part, under the CBA.

The principles governing a court's duty to order arbitration oflabor disputes

arising under a collective bargaining agreement were articulated in three cases decided by

the United States Supreme Court, referred to as the "Steelworkers Trilogy": United

Steelworkers ofAm. v. Am. Mfg. Co., 363 U.S. 564, 80 S. Ct. 1343,4 L. Ed. 2d 1403

(1960); United Steelworkers ofAm. v. Warrior & GulfNavigation Co., 363 U.S. 574,80

s. Ct. 1347,4 L. Ed. 2d 1409 (1960); and United Steelworkers ofAm. v. Enterprise

appellant's failure to properly assign error [may] be excused ... when the nature of the
challenge is perfectly clear.", State v. Slanaker, 58 Wn. App. 161, 166, 791 P.2d 575
(1990).
Here, the union assigned error generally to the trial court's ultimate conclusion of
nonarbitrability and the injunction issued by the trial court. See Br. of Appellant at 3. Its
briefing makes its challenges sufficiently clear for our review.

7
             

No. 3 1522-3-III
Spokane Sch. Dist. No. 81 v. Spokane Educ. Ass 'n

Wheel & Car Corp., 363 U.S. 593, 80 S. Ct. 1358,4 L. Ed. 2d 1424 (1960). Washington

cases have summarized the holdings of those cases as follows: