MISSISSIPPI MECH. CONTRACTORS v. LOCAL UNION, ETC.

No. 79-3011.

626 F.2d 1225 (1980)

MISSISSIPPI MECHANICAL CONTRACTORS ASSOCIATION, INC., Plaintiff-Appellee, v. LOCAL UNION 681 OF the UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPE FITTING INDUSTRY OF the UNITED STATES AND CANADA, AFL-CIO and H. J. Rosenthal, Individually and in his official capacity as Business Manager of Local Union No. 681, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 1, 1980.


Attorney(s) appearing for the Case

Cupit & Maxey, John L. Maxey, II, Robert W. Sneed, Jackson, Miss., for defendants-appellants.

Fuselier, Ott, McKee & Flowers, P. A., M. Curtiss McKee, Frank M. Holbrook, Jackson, Miss., for plaintiff-appellee.

Before VANCE and GARZA, Circuit Judges, and ALLGOOD, District Judge.


GARZA, Circuit Judge:

The Appellant union Local and the Appellee multi-employer bargaining unit entered a contract in 1977, commencing on July 1st. The contract contained the following "notification clause":

It is hereby agreed by both parties hereto, that should any proposed changes in this contract be desired by either party, said proposed changes shall be presented in writing ninety (90) days prior to the expiration date of this contract. In the absence...

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