International Association of MacHinists and Aerospace Workers, Afl-Cio v. Aloha Airlines, Inc.

The International Association of Machinists and Aerospace Workers (IAM) appeals the district court’s partial summary judgment order denying its motion to compel arbitration. We find that we have jurisdiction over this appeal and affirm.

FACTS

On December 6, 1979, Aloha Airlines, Inc. (Aloha), a common carrier under section 201 of the Railway Labor Act (the Act), 45 U.S.C. § 181 (1982), entered into a collective bargaining agreement (“Basic Agreement”) with the IAM, the union representative of Aloha’s “clerical unit” employees. The Basic Agreement contained a grievance and arbitration procedure for the resolution of disputes growing out of the interpretation or application of any of its terms. Article XXII of the Basic Agreement provided that the agreement would “remain in full force and effect to and including February 28” and would renew itself each succeeding March 1, unless a notice of intended change was served by one of the parties.

On April 2, 1982, because of financial difficulties in the airline industry, the IAM agreed to certain wage and benefit reductions for a period of eleven months. These concessions were set out in an Interim Agreement, which was incorporated…