Sheet Metal Contractors Ass'n v. Sheet Metal Workers International Ass'n

These are cross motions for summary judgment in an action brought under 29 U.S.C.A. § 186 (e) by a number of employers against two labor unions, a pax*-ent organization of those two labor unions, a labor official, and a joint industry board.

The action arises out of an agreement between an employers’ group known as Associated Heating and Sheet Metal Contractors,.. Inc., and Local No. 75 of the Sheet Metal Workers’ International Association, providing for the establishment of a “Joint Industry Board”, and for the contribution by the employers covered by the agreement of a sum of 2for each hour worked by the members of the Union for any of the employers, to defray the expenses of the Joint Industry Board. The Board consists of six members for the employers and six members for the union. Decisions of the Board are made by a concurrence *627 of a majority of the employer members with a majority of the union members. A fair reading of the Trust- Agreement of Joint Industry Board, which governs the relationship of the parties thereto, leads to the conclusion that the power to expend the funds contributed by the employers, resides in the Board, and is thus dependent upon the approval of…