ASS'N OF CONTRACTING PLUMBERS v. LOCAL UNION NO. 2

Nos. 330, 887 and 888, Dockets 87-7584, 88-7042 and 88-7044.

841 F.2d 461 (1988)

The ASSOCIATION OF CONTRACTING PLUMBERS OF the CITY OF NEW YORK, INC., Plaintiff-Appellant, v. LOCAL UNION NO. 2 UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, Peter Salzarulo, as President, and Michael Celletti, as Secretary-Treasurer and John and Jane Doe, as members of the Union, Defendants-Appellees. CONTRACTING PLUMBERS ASSOCIATION OF GREATER NEW YORK, INC., Plaintiff-Appellant, v. LOCAL UNION NO. 1 UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, Joseph Santoro, as President and Frank Rutter, as Secretary-Treasurer, and John and Jane Doe, as members of the Union, Defendants-Appellees. United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, and Local 638 United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, and Mechanical Contractors Association of New York, Inc., Intervenors-Defendants-Appellees. The ASSOCIATION OF CONTRACTING PLUMBERS OF the CITY OF NEW YORK, INC., et al., Plaintiffs, v. LOCAL UNION NO. 2 UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF the PLUMBING AND PIPEFITTING INDUSTRY OF the UNITED STATES AND CANADA, Peter Salzarulo, as President, Michael Celletti, as Secretary-Treasurer, John and Jane Doe, as members of the Union, Mechanical Contractors Association of New York, et al., Defendants. The ASSOCIATION OF CONTRACTING PLUMBERS OF the CITY OF NEW YORK, INC., Contracting Plumbers Association of Greater New York, Inc., Local 2, Local 1 and Local 371 and their respective Fringe Benefit Funds, Appellants, v. UNITED ASSOCIATION, Local 638 United Association and Mechanical Contractors Association of New York, Inc., Appellees.

United States Court of Appeals, Second Circuit.

Argued February 23, 1988.

Decided March 4, 1988.


Attorney(s) appearing for the Case

Joseph S. Kaming, New York City (Kaming & Kaming, New York City, Elizabeth F. Kaming, of counsel), for The Ass'n of Contracting Plumbers of the City of New York, Inc. and Contracting Plumbers Ass'n of Greater New York, Inc.

Stanley Q. Casey, Garden City, N.Y. (Kennedy & Casey, P.C., Garden City, N.Y., John F. Hamilton, of counsel), for Local Union Nos. 2 and 1, and Local 371 and their Respective Fringe Benefit Funds.

James R. O'Connell, Washington, D.C. (O'Donoghue & O'Donoghue, Washington, D.C., Donald J. Capuano, Francis J. Martorana; Cohen, Weiss & Simon, New York City, Peter Herman, of counsel), for United Ass'n of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the U.S. and Canada.

Richard S. Brook, Mineola, N.Y., for Local 638 United Ass'n.

Peter D. Stergios, New York City (Epstein Becker Borsody & Green, P.C., New York City, Jerrold Goldberg, of counsel), for Mechanical Contractors Ass'n of New York, Inc.

Eugene Arons, Merrick, N.Y., for Local Union No. 1.

Before LUMBARD, KEARSE and ALTIMARI, Circuit Judges.


No. 330: Argued November 18, 1987.

Nos. 887 and 888: Argued February 23, 1988.

LUMBARD, Circuit Judge:

These two appeals involve companion questions about a decision of the United Association of Journeymen and Apprentices of the Plumbing Industry of the United States and Canada, AFL-CIO ("United Association" or "UA"), to award the exclusive right to perform certain work to one of its affiliated local unions, pipefitters Local 638, to the exclusion...

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