Full opinion text
ORDER TANG, Circuit Judge: The decision of the district court is VACATED in light of this court’s decision in Kim v. Fujikawa, 827 F.2d 1401 (9th Cir.1987). The case is REMANDED to the district court for entry of an order dismissing the petition to compel arbitration and for appointment of an arbitrator for reason of failure of the petitioner to exhaust the administrative remedies provided for in the PECA-IBEW Health and Welfare Fund Declaration of Trust Agreement. VACATED and REMANDED.