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UNITED BROTH. OF CARPENTERS, ETC. v. ALBANY, ETC.

No. 82-CV-775.

553 F.Supp. 55 (1982)

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO, Local Union No. 117; Stanley Busch as President of Local Union No. 117; United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Local Union No. 1150 and Glen D. Hammond as President of Local Union No. 1150, Plaintiffs, v. ALBANY, SCHENECTADY, TROY AND VICINITY DISTRICT COUNSEL OF the UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, AFL-CIO; James Hicks, Sr., Individually and as Former Business Agent of Local No. 117 and as President of Albany, Schenectady, Troy and Vicinity District Council of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO; Edward J. Gardner, Individually and as Secretary and Treasurer of the Albany, Schenectady, Troy and Vicinity District Council of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO; United Brotherhood of Carpenters and Joiners of America, AFL-CIO Local Union No. 78; Edward Coutu as President of Local Union No. 78; United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Local Union No. 146; Jack Brown as President of Local Union No. 146; and the Eastern Contractors Association, Inc., Defendants.

United States District Court, N.D. New York.

October 8, 1982.

Attorney(s) appearing for the Case

Rice & Conway, Albany, N.Y., for plaintiffs; John Carter Rice, Gerard L. Conway, Robert Hardwick Bixby, Mary Helen Langford, Albany, N.Y., of counsel.

Dominick Tocci, Albany, N.Y., for defendants District Council, Local 78 and 146, Hicks and Gardner.

Bryant, O'Dell & Basso, Syracuse, N.Y., for defendant Eastern Contractors; Brian M. Cole, Syracuse, N.Y., of counsel.

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This action involves a dispute concerning the enforceability of a collective bargaining agreement with respect to the hours to be worked per day and the compensation to be received for performing overtime work. Jurisdiction is alleged to exist under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185,1 Section 102 of the Labor Management Reporting...

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