The Ninth Circuit Court of Appeals affirmed a California district court order granting the plaintiff-union’s motion to confirm an arbitration award against the defendant. On appeal, the defendant claimed the district court erred in determining that the collective bargaining agreement between the parties continued beyond the expiration date of June 30, 2017. But the Ninth Circuit disagreed, finding that certain events necessary for the agreement to expire on that date had not taken place. As such, the court rejected the argument that the plaintiff implicitly waived its grievance under the collective bargaining agreement by failing to raise it before June 30, 2017. Instead, the court found that the defendant waived its argument that certain pleadings submitted by the plaintiff contained judicial admissions that the collective bargaining agreement expired on June 30, 2017, as the argument was not raised in the district court.

Sheet Metal Workers Local Union 105 v. Titan Sheet Metal, Inc., No. 20-55849 (9th Cir. Sept. 10, 2021).