Sheet Metal Workers, International Association, Local Union No. 24 v. Architectural Metal Works, Inc.

259 F.3d 418, 167 L.R.R.M. (BNA) 2641, 2001 U.S. App. LEXIS 15920, 2001 WL 818227
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 17, 2001
Docket00-3336
StatusPublished
Cited by18 cases

This text of 259 F.3d 418 (Sheet Metal Workers, International Association, Local Union No. 24 v. Architectural Metal Works, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheet Metal Workers, International Association, Local Union No. 24 v. Architectural Metal Works, Inc., 259 F.3d 418, 167 L.R.R.M. (BNA) 2641, 2001 U.S. App. LEXIS 15920, 2001 WL 818227 (6th Cir. 2001).

Opinions

OPINION

KRUPANSKY, Circuit Judge.

The defendant-appellant Architectural Metal Works, Inc. (“Architectural”) has contested the district court’s summary judgment for the plaintiff-appellee Sheet Metal Workers, International Association, Local 24, Columbus Area (“the Union”) by which it enforced an award of the National Joint Adjustment Board for the Sheet Metal Industry (“NJAB”), a private alternative dispute resolution body composed of equal numbers of labor and management delegates. The NJAB had mandated that Architectural was bound by the terms of a 1997-2000 collective bargaining agreement entered into between the Union and the Sheet Metal Contractors Association of Central Ohio (“the Association”), a multi-employer trade association which represents the interests of member sheet metal enterprises in central Ohio, because Architectural had voluntarily assented to the terms of the predecessor 1994-97 collective bargaining agreement between the Union and the Association. This agreement included an alleged pledge to either accept the terms of a successor renewal contract between the Union and the Association, bargain independently in good faith with the Union for separate terms for the consecutive contract period, or submit the matter to binding arbitration before the NJAB if the Union and Architectural should fail to agree upon contract renewal terms.

At all times relevant to this litigation, Architectural, a small local construction contractor based in Galena, Ohio, engaged in the fabrication of sheet metal roofing seam components and the installation of those materials on commercial and industrial structures. It bid competitively for its roofing contracts. Historically, Architectural has employed between one and five laborers on a “per-job” basis. The Union exclusively represented the organized sheet metal workers within its tezri-torial jurisdiction in negotiations with area employers regarding wages, hours, and terms and conditions of employment. Since at least June 1, 1991, the Union has sequentially negotiated “pre-hire” collec[421]*421tive bargaining agreements1 of three years’ duration with the Association. Architectural had never formally joined the Association’s membership. Nonetheless, on February 22, 1993, an authorized officer of the defendant company executed a separate one-page “Letter of Assent,” which stated, in material part:

This is to certify that the undersigned firm [Architectural] has examined and does agree to comply with the terms and conditions of employment contained in the collective bargaining agreement by and between Sheet Metal Workers’ Local Union # 24 and the Sheet Metal Contractors of Central Ohio, effective June 1, 1991 through May 31,1994.
It is further agreed that the signing of this letter of assent shall be as binding on the undersigned firm as though it had signed the above referred agreement and any amendments thereto.

Prior to the May 31, 1994 expiration of the three-year “pre-hire” labor contract, the Union and the Association negotiated a successor collective bargaining agreement, to be effective between June 1, 1994 and May 31, 1997. On November 3, 1994, Architectural voluntarily executed a second Letter of Assent; its pertinent verbiage was identical to the initial February 22, 1993 Letter of Assent, quoted above, excepting only that the second letter identified the “pre-hire” contract “effective June 1,1994 through May 31, 1997.”

The master 1994-97 “pre-hire” collective bargaining agreement, in Article XII, Section 1, stipulated that its terms would remain in effect until May 31, 1997, unless certain specified conditions were to prevail:

This Agreement and Addendums attached hereto shall become effective on the First day of June, 1994, and remain in its full force and effect until the 31st day of May, 1997, and shall continue in force from year to year thereafter unless written notice of reopening is given not less than Ninety (90) days prior to the expiration date. In the event such no[422]*422tice of reopening is sewed, this Agreement shall continue in its force and effect until conferences relating thereto have been terminated by either party by written notice, provided, however, that if this Agreement contains Ariicle X, Section 8 [quoted below], it shall continue in full force and effect until modified by order of the National Joint Adjustment Board or until the procedures under Article X Section 8 have been otherwise completed.

(Emphases added). (Article XII, § 1 is sometimes referred to herein as the “extension clause”).

Article X of the 1994-97 “pre-hire” labor contract between the Union and the Association contained the above-referenced optional Section 8. Article X recited, in pertinent segment:

The Union and the Employer, whether party to this Agreement independently or as a member of a multi-employer bargaining unit, agree to utilize and be bound by this Article.
SECTION 8.- — In addition to the settlement of grievances arising out of interpretation or enforcement of this Agreement as set forth in the preceding sections of this Article, any controversy or dispute arising out of the failure of the parties to negotiate a renewal of this Agreement shall be settled as hereinafter provided:
a) Should the negotiations for renewal of this Agreement become deadlocked in the opinion of the Local Union or of the Local Contractor’s Association, or both, notice to that effect shall be given to the National Joint Adjustment Board.

(Emphases added). (Article X, § 8 is sometimes referred to herein as the “interest arbitration clause.”). Subsection 8A of that proviso posited, among other things, that a subsequent decision by the NJAB, or a duly designated subcommittee of its members, which resolves a negotiation stalemate, “shall be final and binding upon the parties.”

On or about February 14, 1997, the Union timely posted a certified notice addressed to Architectural which announced that, in accordance with Article XII of the “pre-hire” agreement, the Union elected to reopen the collective bargaining relationship for negotiation of a new labor contract. Herman (“Butch”) Immel (“Im-mel”), Architectural’s Secretary and Field Superintendent, testified that, during the spring of 1997, he informed Donald Stilt-ner and Doug Biggs, the Union’s Business Representatives, and Charles Frazier, the Union’s Business Manager and Financial Secretary, that Architectural was terminating its voluntary collective bargaining relationship with the Union.2 Immel explained that competitor local sheet metal construction contractors which employed non-organized craftsmen had underbid Architectural for numerous seam metal roofing contracts because of prevailing lower free-market wage rates. Effective June 1, 1997, Architectural ceased contributing to the Union’s fringe benefit funds.

[423]*423On December 9, 1997, the Union initiated, before the National Labor Relations Board (“NLRB” or “the Board”), an unfair labor practice charge against Architectural by which it alleged, inter alia, that Article X, § 8 and Article XII, § 1 of the 1994-97 collective bargaining agreement compelled Architectural to bargain with the Union concerning the terms and conditions of a successor three-year “pre-hire” agreement, but Architectural had failed to do so.

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259 F.3d 418, 167 L.R.R.M. (BNA) 2641, 2001 U.S. App. LEXIS 15920, 2001 WL 818227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheet-metal-workers-international-association-local-union-no-24-v-ca6-2001.