UNITED BROTH. OF CARPENTERS v. ENDICOTT ENTERPRISES

No. 85-3865.

808 F.2d 708 (1987)

UNITED BROTHERHOOD OF CARPENTERS AND JOINTERS OF AMERICA, AFL-CIO LOCAL 2247, and Trustees for the Alaska Carpenters Health and Security Fund, Retirement Fund, and Apprenticeship and Training Fund, Plaintiffs-Appellants, v. ENDICOTT ENTERPRISES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 26, 1987.


Attorney(s) appearing for the Case

Jermain, Dunnagan & Owens, Randall Simpson, Anchorage, Alaska, for the plaintiffs-appellants.

John F. Clough, III, Juneau, Alaska, for the defendant-appellee.


WIGGINS, Circuit Judge, dissenting:

I cannot agree with the majority's holding — the first in this circuit — that an employer may repudiate a "pre-hire" labor agreement1 merely by acting inconsistently with the terms of the agreement. Because this rule will create great uncertainty as to if and when an employer has repudiated a pre-hire agreement, I respectfully dissent.

The majority opinion, 806 F...

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