Sheet Metal Workers International Association, Local No. 162, an Unincorporated Association v. Jason Manufacturing, Inc.

Good Law
900 F.2d 1392·1990 WL 41151·134 L.R.R.M. (BNA) 2097·1990 U.S. App. LEXIS 5354
United States Court of Appeals for the Ninth CircuitApril 12, 199088-15617California5,194 words

Opinion

Opinion

Thompson, J.

Jason Manufacturing, Inc. (“Jason”) appeals from the district court’s judgment eonfirming an arbitration award in favor of Sheet Metal Workers International Association, Local No. 162 (“union”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

FACTS

Jason was a member of a multi-employer bargaining organization, the Sheet Metal and Air Conditioning Contractors National Association of Sacramento (“SMACNA” or “multi-employer association”). SMACNA, Jason, and the union were signatories to a contract which was scheduled to expire on June 30, 1983. In addition to being a signatory to the standard form of agreement (“agreement”), Jason was also a signatory to Addendum l.

Jason gave the union timely notice that it withdrew from SMACNA and intended to negotiate a separate agreement. The parties agree this was Jason’s notice of termination of its agreement with the union and was given pursuant to Addendum 1. Jason and the union held ongoing negotiations from the end of April or the beginning of July 1983 until an impasse was reached, in either August or December 1983.

On January 3, 1984, Jason petitioned the National Labor Relations Board (“NLRB”) for decertification of the…

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