FERGUSON V. WRITERS GUILD OF AMERICA, WEST
226 Cal.App.3d 1382, 277 Cal. Rptr. 450 (1991)
NATURE OF THE CASE: This was an appeal of a dismissal of an action to set aside
arbitration decision and a denial of a writ for a mandate.
FACTS: A collective bargaining agreement gave the Writers Guild (D) the power to make
determinations on writing credits for films. That agreement constituted the following
procedures and terms: Any dispute had to be submitted to arbitration by the Guild (D);
Anonymous arbitrators were to be chosen and their decision could be appealed to D's policy
review board only for deviation from D's policy or procedure, but not for matters of
substance; Board approval of a determination was final. The arbitrators held no hearing but
were provided with all the written materials, deliberated independently of each other and
their identities were undisclosed. Ferguson (P) was involved in a dispute over the screen
play credits on Beverly Hills Cop II. Ferguson (P) initiated arbitration proceedings to have
himself declared the sole writer. D awarded P partial screenplay credit and also gave
story-line credit to two other parties. P lost and appealed to the review board on the
substance of the dispute and over procedural irregularities. The review board declared the
determination of the partial credit to be final. P sued in state court. D argued that the
collective bargaining agreement made disputes over writing credits nonjusticiable. The trial
court dismissed P's case, and he appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment