Plumbers & Fitters, Local 761 v. Matt J. Zaich Construction Co.

Appellee Zaich Construction, plaintiff below, sued the appellant union (Plumbers) under section 303(a) of the Taft-Hartley Act, 29 U.S.C. § 187 (a). The action was based on alleged unfair labor practices in the form of unlawful picketing. The District Court’s judgment awarded money damages, including attorneys’ fees, and Plumbers appeals.

Zaich Construction Co. and Zaich Co. are two separate corporations owned by one Matt J. Zaich. Both are engaged in the construction business and specialize in “underground engineering.” Zaich Construction, through its membership in Associated General Contractors, an employers’ trade association, had a collective bargaining agreement with the Laborers’ Union (Laborers). Zaich Co. was a member of the Underground Engineering Contractors Assn., through which it had agreements with both Laborers and appellant Plumbers. Zaich Construction’s contract with Laborers contained no arbitration clause, but Zaich Co.’s contracts with both unions provided for arbitration of all disputes by the National Joint Board for the Settlement of Jurisdictional Disputes in the Construction Industry (NJB).

In July 196.2 Zaich Construction commenced work involving the…