Holayter

This is an appeal by Roy Smith and Jerry Smith (hereinafter referred to as the “Smiths”) from a judgment entered in favor of William J. Holayter, individually and in a representative capacity for and on behalf of the International Association of Machinists and Aerospace Workers District Lodge No. 93 (hereinafter referred to as the “Union”) in an action by the Union for specific enforcement of a collective bargaining agreement.

Statement of the Case

The Union filed a complaint against the Smiths, Welding Service Company (hereinafter referred to as “Welding”) and Bruno DeValle for specific enforcement of a collective bargaining agreement. The Union alleged that DeValle and Smith were the owners of Welding and that they entered into a written agreement with the Union on April 3, 1968, by the terms of which the owners agreed to recognize the Union as the bargaining agent for their employees and to pay certain union benefits, wages and other fringe benefits. The Union alleged that it had complied with the terms of the agreement, but that defendants had breached the agreement by refusing to comply with its provisions despite demands by the Union for recognition and…