International Brotherhood of Electrical Workers, Local 1186,petitioner-appellant, v. Pacific Electrical Contractors Association, Respondent-appellee, 827 F.2d 1400 (9th Cir. 1987)

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U.S. Court of Appeals for the Ninth Circuit - 827 F.2d 1400 (9th Cir. 1987) Argued and Submitted April 13, 1987. Decided Sept. 17, 1987

Sean Kim, Honolulu, Hawaii, for petitioner-appellant.

Jeffrey S. Harris, Honolulu, Hawaii, for respondent-appellee.

Appeal from the United States District Court for the District of Hawaii; Martin Pence, Senior District Judge, Presiding.

Before CHAMBERS, GOODWIN and TANG, Circuit Judges.


TANG, Circuit Judge:

The decision of the district court is VACATED in light of this court's decision in Kim v. Fujikawa, 827 F.2d 1401 (9th Cir. 1987). The case is REMANDED to the district court for entry of an order dismissing the petition to compel arbitration and for appointment of an arbitrator for reason of failure of the petitioner to exhaust the administrative remedies provided for in the PECA-IBEW Health and Welfare Fund Declaration of Trust Agreement.