United Brotherhood Of Carpenters And Jointers Of America v. Endicott Enterprises, Inc.

808 F.2d 708 124 L.R.R.M. (BNA) 2600 UNITED BROTHERHOOD OF CARPENTERS AND JOINTERS OF AMERICA, AFL-CIO LOCAL 2247, and Trustees for the Alaska Carpenters Health and Security Fund, Retirement Fund, and Apprenticeship and Training Fund, Plaintiffs-Appellants, v. ENDICOTT ENTERPRISES, INC., Defendant-Appellee. No. 85-3865. United States Court of Appeals, Ninth Circuit. Jan. 26, 1987. 1 Jermain, Dunnagan & Owens, Randall Simpson, Anchorage, Alaska, for the plaintiffs-appellants. 2 John F. Clough, III, Juneau, Alaska, for the defendant-appellee. WIGGINS, Circuit Judge, dissenting: 3 I cannot agree with the majority's holding--the first in this circuit--that an employer may repudiate a "pre-hire" labor agreement 1 merely by acting inconsistently with the terms of the agreement. Because this rule will create great uncertainty as to if and when an employer has repudiated a pre-hire agreement, I respectfully dissent. 4 The majority opinion, 806 F.2d 918 (9th Cir.1986), provides both a detailed factual background of the case and an overview of the law regarding pre-hire agreements, and I do not duplicate its efforts. Endicott Enterprises, Inc. (Endicott) and the United Brotherhood of…