George Day Construction Co., Inc. v. United Brotherhood of Carpenters and Joiners of America, Local 354

This appeal involves the validity of an arbitration award. The employer asserts that because the dispute arose after the expiration of the collective bargaining agreement the duty to arbitrate terminated with the agreement. The employer also contends that the subcontracting obligation did not survive the contract and that neither the arbitrator nor the district court had jurisdiction to determine this question. Finally the employer maintains that the arbitrator’s conclusion contradicts the express terms of the contract. We conclude that the district court did not err in confirming the award. We affirm.

I

Between June 16, 1977, and June 16, 1980, the United Brotherhood of Carpenters and Joiners of America, Local 354 [the union] and the George Day Construction Co., Inc. [the employer] were parties to a collective bargaining agreement between the union and a multi-employer construction industry bargaining unit. In March and April 1980, the employer sought to withdraw from the multi-employer bargaining unit, and indicated its intention to cancel the collective bargaining agreement at its termination in June. The contract expired on June 16, 1980. The union and employer bargained…