UIU HEALTH & WELFARE FUND v. N.Y. FLAME PROOFING

No. 806, Docket 86-7972.

828 F.2d 79 (1987)

TRUSTEES OF the UIU HEALTH AND WELFARE FUND and UIU Pension Trust, Plaintiffs-Appellants, v. NEW YORK FLAME PROOFING CO., INC., General Drapery Services, Inc., James Belmont and Upholstery Employers Association, Inc., Defendants, New York Flame Proofing Co., Inc., and General Drapery Services, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 8, 1987.


Attorney(s) appearing for the Case

Jonathan C. Reiter, New York City (John J. Gallione, New York City, of counsel), for plaintiffs-appellants.

Robert M. Saltzstein, Lake Success, N.Y., for defendants-appellees.

Before KEARSE, WINTER and MINER, Circuit Judges.


WINTER, Circuit Judge:

This case raises the question of whether an employer is bound by a multiemployer collective bargaining agreement. We hold that an employer creates actual and thereafter apparent authority in a multiemployer organization to bind the employer when that employer: (1) joins an organization whose principal or sole activity is to negotiate collective bargaining agreements on behalf of its members, and (2) knows of a universally observed custom that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases