Section 1128 Of Chapter 7.5. Collective Bargaining Agreements From California Labor Code >> Division 2. >> Part 3. >> Chapter 7.5.
1128
. (a) Where a party to a collective bargaining agreement
prevails in a court action to compel arbitration of disputes
concerning the collective bargaining agreement, the court shall award
attorney's fees to the prevailing party unless the other party has
raised substantial and credible issues involving complex or
significant questions of law or fact regarding whether or not the
dispute is arbitrable under the agreement.
If the dispute is later found to be not arbitrable under the
collective bargaining agreement, any award made pursuant to this
subdivision shall be vacated and those sums paid to satisfy the award
shall be reimbursed to the payor.
(b) Where a party to a collective bargaining agreement appeals the
decision of an arbitrator regarding disputes concerning the
collective bargaining agreement, the court shall award attorney's
fees to the prevailing appellee unless the appellant has raised
substantial issues involving complex or significant questions of law.
(c) Where a party to a collective bargaining agreement prevails in
a court action to compel compliance with the decision or award of an
arbitrator or a grievance panel regarding disputes concerning the
collective bargaining agreement, the court shall award attorney's
fees to the prevailing party unless the other party has raised
substantial issues involving complex or significant questions of law.
(d) This section shall not apply to public employment.