Sheet Metal Workers International Association Local Union 420 v. Kinney Air Conditioning Co.

Pursuant to the terms of a collective bargaining agreement, a Local Joint Adjustment Board made an award against Kinney Air Conditioning Company and in favor of Sheet Metal Workers International Association Local 420. Kinney was ordered to pay Local 420 back wages at the rate prescribed in the agreement for work performed by employees of Air Management, Mechanical & Solar, Inc., an enterprise affiliated with Kinney Air Conditioning Company. Kinney is a signatory to the collective bargaining agreement; Air Management is not. The union filed this action in order to confirm the Board’s award, and Kinney counterclaimed to have the award vacated. The district court granted the motion to confirm, denied the motion to vacate, and awarded attorney’s fees in favor of the union.

The collective bargaining agreement provides a two-stage process for dispute resolution. The first stage entails negotiations between the union and the employer. The second stage provides for an appeal of the dispute to the Local Joint Adjustment Board. The agreement further requires the Board to convene within fourteen calendar days following a request for its services.

On July 11,1983, Local 420 filed with the…