International Ass'n of Bridge v. J & N Steel & Erection Co.

DAUGHTREY, Circuit Judge.

The majority holds that the Unions, by their conduct, explicitly terminated the collective bargaining agreements at issue in this case, relieving J&N Steel of its contractual obligation to arbitrate all disputes arising from those agreements. I believe the question of whether the Unions’ conduct may constitute proper notice of termination such that J & N’s obligations would end is a question that must be submitted to arbitration under the agreements’ express terms. I therefore find the resolution of that question to lie outside the purview of both this court and the…