International Brotherhood of Electrical Workers, Afl-Cio, Local Union No. 441 v. Kbr Electric

Local Union 441, International. Brotherhood of Electrical Workers, AFL-CIO (Local 441) sued to enforce an arbitration decision directing KBR Electric (KBR) to submit its payroll records to several union trust funds in order to enable the trust funds to assess KBR for delinquent contributions. KBR moved for summary judgment, and the district judge granted the motion on three alternative grounds: (1) KBR ended its obligation to contribute to the trust funds by repudiating its pre-hire agreement with Local 441; (2) Local 441’s action to enforce the arbitration award was barred by laches and by the six month limitation period of 29 U.S.C. § 160 (b)(1982); and (3) the arbitration award was invalid because the arbitration procedure did not comply with the procedure specified in the collective bargaining agreement. We agree with the first ground relied upon by the district court, that KBR ended its obligation to contribute to the trust funds by repudiating its prehire agreement with Local 441. We therefore affirm without ruling upon the second and third alternative grounds.

FACTS:

In March 1973, Elving Audio, Inc., the predecessor to KBR, signed a “short form” agreement with Local 441.…