Sheet Metal Workers' International Association, Local No. 252 v. Standard Sheet Metal, Inc.

Standard Sheet Metal (Standard) appeals from an award of the National Joint Adjustment Board (Joint Board) which imposed upon Standard an agreement used generally in the sheet metal industry. We confirm the award because Standard never moved to vacate the award and we may not consider the defenses raised.

FACTS

On June 30, 1981, the contract between Local 252 of the Sheet Metal Workers’ International Association (the Union) and the Sheet Metal and Air Conditioning Contractors’ Association of Central California expired. Before the contract term ended, Standard withdrew from the contractors’ association and commenced separate bargaining with the union. Negotiations continued until mid-October of 1981.

According to Standard, the sole issue dividing the parties was whether to include an “interest arbitration” clause in the new agreement. It would allow either party to declare a deadlock in collective bargaining and submit the dispute for arbitration to the Joint Board, a panel of members of the metal workers union and the National Association of Sheet Metal and Air Conditioning Contractors.

Pursuant to the interest arbitration clause' in the expired agreement, the Union declared a…