United States Tenth Circuit

In a dispute between a union and defendant-mechanical contractor arising from defendant's refusal to renew a pre-hire agreement upon its expiration, an order enforcing a private alternative dispute resolution body's decision imposing a renewal agreement on the parties is affirmed over the contractor's claims that: 1) it had an absolute right to terminate the agreement upon the contractual expiration date without any obligation to negotiate for a renewal agreement; and 2) it was under no obligation to arbitrate the dispute under the interest arbitration clause because there was no "negotiation" for renewal of the contract resulting in a "deadlock" that could trigger Article X, Section 8 procedures.

Appellate Information

• Decided 08/29/2007
• Published 08/30/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, TYMKOVICH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Stewart L. Entz, Entz & Entz, P.A., Topeka, KS, appearing for Defendant-Appellant., Michael T. Anderson, Davis, Cowell & Bowe, L.L.P., San Francisco, CA (John P. Hurley, Jolley, Walsh, Hurley, Raisher & Aubry, P.C., Kansas City, MO, with him on the brief), appearing for Plaintiff-Appellee.