783 F.2d 897 (9th Cir. 1986), 84-2863, International Broth. of Elec. Workers, Local No. 367, AFL-CIO v. Graham County Elec. Coop., Inc.

Docket Nº:84-2863.
Citation:783 F.2d 897
Party Name:INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO. 367, AFL-CIO, Plaintiffs-Appellees, v. GRAHAM COUNTY ELECTRIC COOPERATIVE, INC., an Arizona corporation, Defendant-Appellant.
Case Date:February 25, 1986
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 897

783 F.2d 897 (9th Cir. 1986)

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO.

367, AFL-CIO, Plaintiffs-Appellees,

v.

GRAHAM COUNTY ELECTRIC COOPERATIVE, INC., an Arizona

corporation, Defendant-Appellant.

No. 84-2863.

United States Court of Appeals, Ninth Circuit

February 25, 1986

Argued and Submitted Oct. 10, 1985.

Page 898

Michael J. Keenan, Ward & Keenan, Ltd., Phoenix, Ariz., for plaintiffs-appellees.

Charles E. Jones, Jennings, Strouss & Salmon, Phoenix, Ariz., for defendant-appellant.

Appeal from the United States District Court for the District of Arizona.

Before MERRILL, TANG, and BOOCHEVER, Circuit Judges.

TANG, Circuit Judge:

The Graham County Electric Cooperative ("the Co-op") appeals the order of the district court directing arbitration with the International Brotherhood of Electrical Workers, Local 387 ("the Union") despite Co-op's timely notice of termination. We affirm.

FACTS

The Co-op and Union were parties to a series of collective bargaining agreements. The agreement at issue contained the following provisions as to duration:

The Agreement shall be in full force and effect from July 1, 1982 to July 1, 1983 and thereafter until either party, hereto shall give to the other party sixty (60) days written notice of desire for change, amendment or termination.... During such sixty day period, conference shall be held by and between the parties hereto with a view to arriving at further agreement, and this Agreement shall remain in full force and in effect during such period of negotiations, as well as during the period of arbitration provided in Article VII, should any amendment be submitted for arbitration as therein provided.

Article VII, section 4, of the agreement requires arbitration over "any difference that may arise between the Cooperative and the Union concerning the overall application or interpretation of this Agreement, ... including differences concerning amendments to this agreement at any termination date...."

On April 6, 1984, more than sixty days before July 1, 1984, the Co-op gave notice to the Union that it desired to terminate the agreement as of July 1. Negotiations over new contract terms began but failed to produce a new agreement. On June 26, 1984, five days before the expiration date set by the old agreement, the Union gave notice of its demand for...

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