Alpha Beta Company v. Retail Store Employees Union, Local 428 Afl-Cio, Chartered by the Retail Clerks International Association, Afl-Cio

HUG, Circuit Judge:

Alpha Beta appeals the denial of its petition to compel the Retail Store Employees Union, Local 428 AFL-CIO (the Union) to arbitrate the interpretation and application of provisions of their 1977 and 1980 collective bargaining agreements relating to sympathy strikes. This appeal raises the issues of (1) whether Alpha Beta can compel arbitration of issues relating to a dispute that was settled under the 1977 agreement, and (2) whether a dispute exists under the 1980 agreement enabling Alpha Beta to compel arbitration to interpret the sympathy strike clause in that agreement.

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