American Metal Products, Inc., Cross-Appellee v. Sheet Metal Workers International Association, Local Union No. 104, Cross-Appellant

American Metal Products (AMP) appeals from the district court judgment confirming an award of the National Joint Adjustment Board (NJAB) in favor of Sheet Metal Workers Local No. 104 (Union). The NJAB award directed AMP to sign the collective bargaining agreement then in effect between the Union and the Sheet Metal and Air Conditioning Contractors National Association (SMACNA). AMP claims it cannot be bound by the award because (1) it had no duty to engage in interest arbitration after the termination of the prior collective bargaining agreement; and (2) the award is a prehire agreement which is either violative of public policy or was validly repudiated. AMP further contends that since interest arbitration is a non-mandatory bargaining subject, the interest arbitration clause of the award is void and unenforceable because the NJAB included the clause without AMP’s consent.

The Union cross-appeals from the district court’s denial of the Union’s motion for sanctions against AMP.

We affirm in part, vacate in part, and remand.

FACTS

AMP is a sheet metal contracting business. As a member of SMACNA, AMP was bound to a collective bargaining agreement with the Union, effective from…