Is an order made by a federal court to arbitrate an employer's claim for unfair dismissal appealable?

California, United States of America


The following excerpt is from Petition of Laufman, 215 Cal.App.2d 87, 29 Cal.Rptr. 829 (Cal. App. 1963):

However, appellant argues that the appealability of the order is to be determined by section 301 of the National Labor Relations Act and not by section 1294 of the Code of Civil [215 Cal.App.2d 89] Procedure. Both sides concede that the employer is in interstate commerce and that the merits of the ultimate issue are to be decided according to substantive rights based on section 301; and it is settled that, had the order to arbitrate been made by a federal court in a proceeding brought directly under section 301, the order would have been appealable. (Good-all-Sanford v. United Textile Workers (1957), 353 U.S. 550, 77 S.Ct. 920, 1 L.Ed.2d 1031.)

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