Sheet Metal Workers' International Association Local Union No. 359 v. Madison Industries, Inc., of Arizona

Madison Industries, Inc., of Arizona (“Madison”) appeals two grants of summary judgment against it in Sheet Metal Workers’ International Association Local Union No. 359’s (“the union”) action to enforce an arbitration award under 29 U.S.C. § 185 . In the first appeal, No. 94-15376, Madison contests the district court’s enforcement of the arbitration award; denial of Madison’s motions for reconsideration/new trial and to supplement the record; and grant of attorney’s fees to the union. In the second appeal, No. 94-17077, Madison quarrels with the district court’s award of damages and striking of an affidavit. We affirm both judgments.

I.

BACKGROUND OF THE ARBITRATION AWARD

This case arises out of a labor dispute that has stubbornly resisted resolution. Hopefully, our disposition of this case will hasten that resolution. The background of this dispute is as follows.

Madison is an Arizona corporation that manufactures and installs prefabricated buildings. To those ends, it employs workers skilled in sheet metal work and other trades. It is a party to two collective bargaining agreements (“contracts”) with the union — one covering “building trades,” or “outside,” workers, the…