International Brotherhood of Electrical Workers, Local No. 367, Afl-Cio v. Graham County Electric Cooperative, Inc., an Arizona Corporation

The Graham County Electric Cooperative (“the Co-op”) appeals the order of the district court directing arbitration with the International Brotherhood of Electrical Workers, Local 387 (“the Union”) despite Co-op’s timely notice of termination. We affirm.

FACTS

The Co-op and Union were parties to a series of collective bargaining agreements. The agreement at issue contained the following provisions as to duration:

Article VII, section 4, of the agreement requires arbitration over “any difference that may arise between the Cooperative and the Union concerning the overall application or interpretation of this Agreement, including differences concerning amendments to this agreement at any termination date____”

On April 6, 1984, more than sixty days before July 1, 1984, the Co-op gave notice to the Union that it desired to terminate the agreement as of July 1. Negotiations over new contract terms began but failed to produce a new agreement. On June 26, 1984, five days before the expiration date set by the old agreement, the Union gave notice of its demand for arbitration of the unresolved issues. The Co-op refused to submit to arbitration.

The Union sued to compel arbitration. The…