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Interest Arbitration Clauses In Sec. 8(F) Pre-Hire Agreements: Effective For Achieving Genuine Collective Bargaining Or Enabling Parties To Underhandedly Gain Majority Bargaining Power, Thomas Riske

Journal of Dispute Resolution

In Sheet Metal Workers' International Ass'n, Local Union No. 2 v. McElroy's Inc., the United States Court of Appeals for the Tenth Circuit considered whether an employer was required to submit to interest arbitration with a union under the pre-hire agreement entered into by the parties. The applicability of the statutory standards for pre-hire agreements to bargained-for labor and employment contracts is an essential element of this case. When interpreting federal statutory law, the majority of jurisdictions permit unilateral repudiation upon the expiration of a pre-hire agreement and a small minority of jurisdictions allow for the agreement to be repudiated …