U.A. Local 342 v. Babcock & Wilcox Construction Co.

Facts

Babcock & Wilcox Construction Co. entered into the National Industrial Maintenance Agreement (“NIMA”), a col- lective bargaining agreement, with the United Association of

1 Richard Adler & Jerry Ross, Seven and a Half Cents, in The Pajama Game (1954). 1308 U.A. LOCAL 342 v. BABCOCK & WILCOX CONSTRUCTION Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada (“U.A.”). Whenever local U.A. unions work on projects that fall within the scope of the NIMA, the terms of any local labor agreements to which the unions may also be parties apply only to the extent that the NIMA incorporates them.

One area in which the NIMA refers to local agreements is benefit fund contribution obligations. For example, the NIMA incorporates required apprentice training fund contributions:

Welfare Funds, Pension Funds, Apprentice Train- ing Funds and other monetary funds called for in the Local Union Labor Agreement shall be paid in accordance with the Local Union Labor Agreement ....

NIMA, art. IX ¶ 34. Industry promotion fund contributions, however, are not mandatory:

Industry Advancement or Promotion Funds called for in the Local Union Labor…