United States Second Circuit

An employer was not required to arbitrate its dispute with a union over its attorneys' preparation fees, because an arbitration clause contained an unfulfilled condition precedent to its duty to arbitrate, but the employer could not prevail on its underlying claim because "costs of cancellation" does not include costs of preparation.

Appellate Information

• Decided 09/18/2002
• Published 09/18/2002

Judges

• Van GRAAFEILAND, Senior Circuit Judge., Before: Van GRAAFEILAND, KEARSE, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mary Helen Moses,Jordan, Bristol & Moses, Brunswick, GA, for Plaintiff-Appellant.


• For Appellees:
  
• Daniel R. Elliott, III, Associate General Counsel, United Transportation Union, Cleveland, OH, for Defendant-Appellee.