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

"[O]ne who seeks relief by temporary or permanent injunction must show
(1) that he has a clear legal or equitable right, (2) that he has a well­
grounded fear of immediate invasion of that right, and (3) that the acts
complained of are either resulting in or will result in actual and substantial
injury to him."

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No. 31522-3-111
Spokane Sch. Dist. No. 81 v. Spokane Educ. Ass 'n

Kucera v. Dep't ofTransp., 140 Wn.2d 200,209,995 P.2d 63 (2000) (alteration in

original) (internal quotation marks omitted) (quoting Tyler Pipe Indus., Inc. v. Dep't of

Revenue, 96 Wn.2d 785, 792, 638 P.2d 1213 (1982)). If a moving party fails to establish

anyone of these elements, the relief must be denied.

A trial court's decision to grant an injunction and its decision regarding the terms

of the injunction are reviewed for abuse of discretion. Wash. Fed'n ofState Emps. v.

State, 99 Wn.2d 878, 887, 665 P.2d 1337 (1983). A trial court abuses its discretion if the

decision is based upon untenable grounds, or the decision is manifestly unreasonable or

arbitrary. Speelman v. BellinghamlWhatcom County Housing Auths., 167 Wn. App. 624,

630,273 P.3d 1035 (2012).

Clear legal or equitable right. Based on the limitations on grievances provided by

the CBA, the district has the right not to be subjected to arbitration of disputes that

involve nonrenewal of provisional employees and other issues relating to the nonrenewal.

It has a right not to be subjected to arbitration of issues that are unrelated to violations of

the CBA or interpretation ofthe CBA. A party cannot be required to submit to

arbitration any dispute to which he has not agreed to so submit. Meat Cutters Local No.