Local 302, International Union of Operating Engineers, Afl-Cio v. Harry West, D/B/A West Construction Company, Inc.

Local 302, International Union of Operating Engineers, filed a complaint to compel arbitration of a grievance brought against Harry West, d/b/a West Construction Company, Inc. After trial, the district, court entered judgment requiring arbitration. Defendant appeals. At issue is whether the defendant, by its conduct, effectively repudiated a pre-hire agreement with the union. Holding that repudiation did not occur, we affirm the district court.

FACTS

On May 10, 1966, West Co. Const, entered into a pre-hire agreement with Local 302. Entitled “Compliance Agreement,” the contract bound West Co. Const, to the terms of a collective bargaining agreement between the Associated General Contractors of America, Inc. (AGC) and Local 302. The compliance agreement was to be effective through May 31,1968 and from year to year thereafter unless either party delivered to the other a written notice of termination. If the basic agreement with AGC was modified, Local 302 was to notify the company in writing and if the company did not within 30 days give a written rejection of the modification, the modification was accepted. In the event of a dispute as to the proper interpretation of the…