Beach Air Conditioning And Heating, Inc. v. Sheet Metal Workers International Association, Local Union No. 102

55 F.3d 474 149 L.R.R.M. (BNA) 2391 , 130 Lab.Cas. P 11,339 BEACH AIR CONDITIONING AND HEATING, INC., Plaintiff-Counter-Defendant-Appellee, v. SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL UNION NO. 102, Defendant-Counter-Claimant-Appellant. No. 93-55620. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1994. Decided May 23, 1995. Ray Van der Nat, Los Angeles, CA, for defendant-appellant. Eugene F. McMenamin, Atkinson, Andelson, Loya, Ruud & Romo, Cerritos, CA, for plaintiff-appellee. Appeal from the United States District Court for the Central District of California. Before: WIGGINS, KOZINSKI and THOMPSON, Circuit Judges. OPINION KOZINSKI, Circuit Judge: 1 * On July 7, 1989, Sheet Metal Workers Local 102 (the union) entered into a collective bargaining agreement with contractor Beach Air Conditioning and Heating (Beach). 1 The agreement became effective immediately and remained in force until June 30, 1991. After that date, the agreement was to continue in force from year to year unless one of the parties gave timely notice of reopening negotiations. 2 The union did just that on January 22, 1991. Beach responded on January 29, 1991, with a…