Paud v. Alco Plating Corp

In Paud v. Alco Plating Corp. (1971) 21 Cal. App. 3d 362, the employer contended the arbitrator exceeded his jurisdiction by awarding vacation pay accruing after the expiration of a collective bargaining agreement. The court cited Code of Civil Procedure section 1280, subdivision (f), and pointed out there was evidence suggesting an oral or implied agreement between the employer and employees to extend or renew the written agreement, and the trial court properly referred that question to the arbitrator. The court said it was "up to the arbitrator to decide the extent to which the oral or implied agreements extended the right to arbitration beyond the termination of the written agreement." (21 Cal. App. 3d at p. 369.)