Newmont Mining Corporation, based in Greenwood Village, Colorado, USA, is a mining company that traces its roots to the diversified holding company William Boyce Thompson established in 1916 and Incorporated in 1921, it has active gold mines in Nevada, Australia, Ghana, Peru, and Suriname. Holdings include Santa Fe Gold, Battle Mountain Gold, Normandy Mining, Franco-Nevada Corp and Fronteer Gold. Newmont also has many joint venture relationships. Newmont is the world’s second-largest producer of gold, behind Barrick Gold. In addition to gold, Newmont mines copper and silver.
The Union filed a Motion to Compel Arbitration in United States District Court pursuant to 29 U.S.C. § 185. Newmont filed a Motion for Summary Judgment. The district court treated the motions as cross-motions for summary judgment. The court found it undisputed that the following occurred before expiration: (1) Taylor’s alleged falsification of the form; (2) Newmont’s initial questioning of Taylor’s conduct; (3) Newmont’s preliminary discovery of Taylor’s alleged conduct; and (4) an investigation regarding the tool request. It found that the following occurred after expiration of the CBA: (1) the dispute over the tool request; (2) additional investigation of the falsification claim; (3) Taylor’s suspension and discharge; and (4) the filing of the Union’s grievance. The court concluded that the key or critical facts and occurrences took place before the expiration of the