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NEW MEXICO DIST. COUNCIL, ETC. v. MAYHEW CO.

Nos. 79-1638, 79-1639.

664 F.2d 215 (1981)

NEW MEXICO DISTRICT COUNCIL OF CARPENTERS, AFL-CIO, Plaintiff-Appellant, v. The MAYHEW COMPANY, a New Mexico Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 24, 1981.

Rehearing Denied August 7, 1981.

Attorney(s) appearing for the Case

Gerald R. Bloomfield of Kool, Kool, Bloomfield & Eaves, P. A., Albuquerque, N. M., for plaintiff-appellant.

Nicholas J. Noeding, Albuquerque, N. M. (Barbara L. Shapiro, Albuquerque, N. M., with him on the briefs), of Poole, Tinnin & Martin, Albuquerque, N. M., for defendant-appellee.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.

Rehearing Denied in No. 79-1638 August 7, 1981.

McKAY, Circuit Judge.

In 1968, defendant-employer signed a collective bargaining agreement recognizing plaintiff-union "as the sole and exclusive bargaining representative for the workmen employed to perform and performing ... construction work" and requiring defendant to pay specified wages and to contribute to plaintiff's fringe benefit funds on behalf of those employees. Defendant apparently signed the agreement...

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