Fortune, Alsweet and Eldridge, Inc. v. Daniel

724 F.2d 1355 (1983)

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Fortune, Alsweet and Eldridge, Inc. v. Daniel

United States Court of Appeals for the Ninth Circuit
724 F.2d 1355 (1983)

  • Written by Tammy Boggs, JD

Facts

Fortune, Alsweet and Eldridge, Inc. (Fortune) (plaintiff), trustee of an independent contractors’ grievance and arbitration trust (the carpenters’ union), initiated an arbitration against Richard Daniel (defendant), an independent construction contractor. After being notified of the arbitration, Daniel, through a representative, sent a letter identifying the representative. Over the course of several months, Daniel’s representative attended a first hearing, obtained a continuance, attended a second hearing, listened to the union’s evidence, and presented some of Daniel’s evidence. Daniel’s representative asked for more time to gather witnesses. Two weeks later, the representative contested Daniel’s obligation to arbitrate the dispute. Daniel posited that his agreements with the carpenters’ union had been terminated before the dispute in question. Thereafter, the arbitrator returned a decision adverse to Daniel. In district court, the carpenters’ union petitioned to confirm the arbitration award. Daniel argued he was not bound by the arbitration award because he did not agree to arbitrate the dispute. In relevant part, the district court found that Daniel had implicitly agreed to arbitration and confirmed the award. Daniel appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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