McKinstry Company v. Sheet Metal Workers' International Association, Local Union 16, Defendant

McKinstry Co. appeals the district court’s grant of summary judgment in favor of the defendant union in McKinstry’s action to vacate an arbitration award. We affirm.

FACTS

Collective bargaining agreements in the sheet metal and air conditioning industry are negotiated in two phases. First, national level negotiations take place between the Sheet Metal Workers’ International Association, AFL-CIO (SMWIA) and the Sheet Metal and Air Conditioning Contractors National Association, Inc. (SMACNA), a national association of employers in the industry. SMWIA and SMACNA negotiate a standard form of union agreement, which leaves blank the names of the parties. Next, the standard form is distributed to various local unions and employers for further negotiations. The standard form is a starting point for local negotiations, and may be adopted as is, with blanks filled in, or with modifications as agreed by the local parties. It is the local unions and employers who sign as parties to the agreement.

McKinstry is a Seattle-based mechanical contractor operating throughout the Pacific Northwest. Several Western Washington employers, including McKinstry, assigned their bargaining rights to the…