of sorts spends out of control but as i say there are it's actually the issue is easy to find out is whether the employer is bowing to a collective bargaining agreement obligated to unravel the fronts to conduct primarily concerned itself with the industrial workplace and union side of a majority before you can get a contract for brogan and in terms of the culture because of the uniqueness of the construction industry which much like the i guess the they use a specific language and talks about an addition modification or renewal and in fact in this case you have an agreement you had a ninety seven agreement which made it two thousand and one and has the greymouth that you're claiming rights under the started two with all due respect that's just what the court is seeking is something that not even the employer has on the roll on total when they signed these me to agreements they say look all i know i'm just telling you i agree  it was never they said let me ask you one question about you mentioned about the parties didn't change and i don't know whether this changes anything or not but the metropolitan rachael kohn so carpenters who is the signal tour police in this case management resource systems and douglas marion and we simply asked that this panel affirm the holding of the district court which dismissed the carpenters union and associated funds complaint it's entirely well  my opponent concede that the pleadings do not contain the necessary facts to survive the hiding pleading standard of twamley and its progeny you don't quite make continuation of the ninety ninety seven agreement is absent the the any alley in fact the words ninety noticing that because he doesn't have what in your view is the magic words that that should be the basis for and that is important because the court asked if whether or not the appellant's ever moved to amend their pleading as the panel knows under rule fifteen when i filed my rule twelve the six motion and pointed out the deficiencies in the pleading he they palate had as a matter of right it billy to correct those deficiencies in the pleading and found amended complaint and he chose not to and he its way before the court simply by by mode of a reply to the motion to dismiss and out there's another point that needs to be emphasized on the issue of the deficiency of the pleadings and whether or not district court doesn't that centrally reinstate no your honor because it's the issue because the issue that would allow the court to do that is not before the court which is whether or not this complaint w but their arguments that come second he before we get out the back door appellate has to explain how he preserved an issue for for appeal to get through the front door which is how he preserve this issue alhazmi appellate preserve the issue of appeal of whether or not the district court specifically held that and we just bring it up and this is this is a matter that's never been never been addressed is that very clear and it and as my opponent stressed section eight f is a very important issue for the construction industry i'm not about what he relied on principle it was the fact that there was no short form agreement it's irrelevant whether it was sure forward or not because the the the the importance of not of bach is the public policy underpinning section eight f and what distinguishes section eight f from section nine of the national labor relations act is that under section eight after at the terminations the agreement the employer is free to bargain for a new agreement or free to walk away that's different in section nine a  letter was and the implications so i'm at a loss or and i don't think you answered the prejudice question yet but that's i guess  o i'm just not i want to be with you but i'm just i'm not there yet so help your honor the languages with the languages we are not going to dispute that that says it in the agreement and you have an issue of contract that intersects on it intersects with an issue of important public policy and rights that are guaranteed by statute rights that are guaranteed by section eight f or the national labor relations act and can perpetuity it's also saying that you've when there's no contractual language to support this but you've all also conceded your rights to the interior finishing contractors association you've given away your body rights they can't make that argument it doesn't exist there is no such language in these letters of a set therefore management resources maintains the right to bargain for until one party shall provide to the other written notice by certified mail of intent to terminate the then current agreement so if your client wanted to walk away the your client has agreed to a manner in which it can walk away just requires a written notice correct your honor i understand how your honor is saying that the burden to terminate this agreement it wasn't so great and why didn't they do based in north carolina a company that travels all around the country to perform rock and says oh you're down by this agreement between two thousand and twelve and two thousand and fifteen because you signed something twenty years ago we've never forced ou