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KOZERA v. WESTCHESTER-FAIRFIELD ELEC. CONTRACTORS

Nos. 983, 1152, Dockets 89-9072, 89-9160.

909 F.2d 48 (1990)

Ted KOZERA, Mike Hanley, Chris Kulers, Michael Cinelli, Frank Honan, and James Stemmerman, each individually and as a member of Local Union 501 of International Brotherhood of Electrical Workers, and each on behalf of all persons members of Local Union 501 of International Brotherhood of Electrical Workers, similarly situated, Plaintiffs-Appellees, Cross-Appellants, v. WESTCHESTER-FAIRFIELD CHAPTER OF NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION, INC., Local Union No. 501 of International Brotherhood of Electrical Workers, AFL-CIO, and Donald Werle as President and Douglas Reid as Treasurer of Local Union 501, IBEW, Defendants, Westchester-Fairfield Chapter of National Electrical Contractors Association, Inc. Defendant-Appellant, Local Union No. 501 of International Brotherhood of Electrical Workers, AFL-CIO, Defendant-Appellee, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 13, 1990.

Attorney(s) appearing for the Case

Joseph J. Steflik, Twining, Nemia, Hill & Steflik, Binghamton, N.Y., for defendant-appellant Westchester-Fairfield Chapter of Nat. Elec. Contractors Ass'n.

Gary L. Lieber, Porter, Wright, Morris & Arthur, Washington, D.C. (Lawrence J. Cohen, Richard M. Resnick, Sherman, Dunn, Cohen, Leifer & Counts, P.C., Washington, D.C., of counsel), for amici curiae Nat. Elec. Contractors Ass'n, Inc. and Intern. Broth. of Elec. Workers, AFL-CIO.

Burton H. Hall, Hall & Sloan, New York City, for plaintiffs-appellees-cross-appellants.

Ralph P. Katz, White Plains, N.Y., for defendant-appellee Local Union No. 501, IBEW.

Before OAKES, Chief Judge, and WINTER, Circuit Judge, and MUKASEY, District Judge.

OAKES, Chief Judge:

The Westchester-Fairfield Chapter ("the Chapter") of the National Electrical Contractors Association, Inc. ("NECA"), appeals a September 28, 1989, judgment of the United States District Court for the Southern District of New York, John E. Sprizzo, Judge, declaring void a purported addendum to a collective bargaining agreement and finding the Chapter in breach of the underlying collective bargaining agreement through its implementation of the terms...

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