Holding that Section 301 gives a federal court jurisdiction over a suit to enforce an arbitration clause in a collective bargaining agreement even if the case is "truly a representation case" that could also be heard by the NLRB under Section 9 of the NLRA
Holding that "[w]hen an activity is either arguably protected by 7 or arguably prohibited by 8 of the NLRA," federal courts must defer to the NLRB, but that when "the activity in question also constitutes a breach of a [CBA], the [NLRB's] authority is not exclusive and does not destroy the jurisdiction of the courts in suits under [LMRA §] 301"
In Stephenson v. N.L.R.B., 550 F.2d 535 (9th Cir. 1977), this court also expressly rejected Electronic Reproduction, finding it an "unjustifiable extension" of the Board's deferral policy.