Sheet Metal Workers International Association, Local No. 359, Afl-Cio v. Arizona Mechanical & Stainless, Inc.

863 F.2d 647 130 L.R.R.M. (BNA) 2097 , 110 Lab.Cas. P 10,871 SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL NO. 359, AFL-CIO, Plaintiff-Appellant, v. ARIZONA MECHANICAL & STAINLESS, INC., an Arizona corporation, Defendant, and Richwood Metals Corporation, an Arizona corporation, Defendant-Appellee. No. 87-2450. United States Court of Appeals, Ninth Circuit. Dec. 7, 1988. Michael J. Keenan, Ward & Keenan, Phoenix, Ariz., for plaintiff-appellant. Peter G. Kline, Jones, Skelton & Hochuli, Phoenix, Ariz., for defendant-appellee. Appeal from the United States District Court for the District of Arizona. Before POOLE, WIGGINS and BRUNETTI, Circuit Judges. WIGGINS, Circuit Judge: 1 Plaintiff/Appellant Sheet Metal Workers (Union) appeals from summary judgment in Richwood Metals (Richwood) favor. The Union brought suit to enforce an arbitration award claiming that Richwood had breached a collective bargaining agreement (CBA) between the parties by using nonunion labor at a work site. Richwood moved for summary judgment contending that it was not a party to the CBA the Union sought to enforce. The Union cross moved for summary judgment arguing that Richwood was the alter…