EICHLEAY CORP. v. INTERN. ASS'N OF IRON WORKERS

Nos. 90-3637, 90-3692 and 90-3693.

944 F.2d 1047 (1991)

EICHLEAY CORPORATION v. INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL AND ORNAMENTAL IRON WORKERS; United Brotherhood of Carpenters and Joiners of America; Laborers International Union of North America; Operative Plasterers and Cement Masons International Association of the United States and Canada; International Union of Operating Engineers; and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers. (Two Cases) CARPENTERS HEALTH AND WELFARE TRUST FUND FOR CALIFORNIA; Carpenters Pension Trust Fund for Northern California; Carpenters Vacation and Holiday Trust Fund for Northern California; Carpenters Apprenticeship and Training Trust Fund for Northern California; and Carpenters Annuity Trust Fund for Northern California v. EICHLEAY CORPORATION, ECI, Inc., d/b/a Eichleay Constructors, Inc.; Eichleay Holdings, Inc.; AMK International. CALIFORNIA IRON WORKERS FIELD WELFARE PLAN; California Iron Workers Field Pension Trust Fund; California Field Iron Workers Vacation Trust Fund; California Field Iron Workers Apprenticeship Training and Journeyman Retraining Trust Fund; California and Vicinity Field Iron Workers Annuity Trust Fund; California Field Iron Workers Administrative Trust Fund v. EICHLEAY CORPORATION, ECI, Inc., d/b/a Eichleay Constructors, Inc.; Eichleay Holdings, Inc.; AMK International. OPERATING ENGINEERS HEALTH AND WELFARE TRUST FUND; Pension Trust Fund for Operating Engineers; Pensioned Operating Engineers Health and Welfare Fund; Operating Engineers & Participating Employers Pre-Apprenticeship; Apprentice & Journeyman Affirmative Action Training Fund; Operating Engineers Vacation & Holiday Plan; Operating Engineers Contract Administration Trust Fund; Operating Engineers Market Preservation Trust Fund; Operating Engineers Industry Stabilization Trust Fund v. EICHLEAY CORPORATION, ECI, Inc., d/b/a Eichleay Constructors, Inc.; Eichleay Holdings, Inc.; AMK International. CEMENT MASONS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; Cement Masons Pension Trust Fund for Northern California; Cement Masons Vacation Trust Fund for Northern California; Cement Masons Apprenticeship and Training Trust Fund for Northern California v. EICHLEAY CORPORATION, ECI, Inc., d/b/a Eichleay Constructors, Inc.; Eichleay Holdings, Inc.; AMK International. LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA; Laborers Vacation-Holiday Trust Fund for Northern California; Laborers Pension Trust Fund for Northern California; Laborers Training and Retraining Trust Fund for Northern California v. EICHLEAY CORPORATION, ECI, Inc., d/b/a Eichleay Constructors, Inc.; Eichleay Holdings, Inc.; AMK International. International Association of Bridge, Structural and Ornamental Iron Workers; United Brotherhood of Carpenters and Joiners of America; Laborers' International Union of North America; Operative Plasters' and Cement Masons' International Association of the United States and Canada; International Union of Operating Engineers; International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers; Carpenters Health and Welfare Trust Fund for California; Carpenters Pension Trust Fund for Northern California; Carpenters Vacation and Holiday Trust Fund for Northern California; Carpenters Apprenticeship and Training Trust Fund for Northern California; Carpenters Annuity Trust Fund for Northern California; California Iron Workers Field Welfare Plan; California Iron Workers Field Pension Trust Fund; California Field Iron Workers Vacation Trust Fund; California Field Iron Workers Apprenticeship Training and Journeyman Retraining Trust Fund; California and Vicinity Field Iron Workers Annuity Trust Fund; California Field Iron Workers Administrative Trust Fund; Operating Engineers Health Welfare Trust Fund; Pension Trust for Operating Engineers; Pensioned Operating Engineers Health and Welfare Fund; Operating Engineers & Participating Employers Pre-Apprenticeship, Apprentice & Journeyman Affirmative Action Training Fund; Operating Engineers Vacation & Holiday Plan; Operating Engineers Contract Administration Trust Fund; Operating Engineers Market Preservation Trust Fund; Operating Engineers Industry Stabilization Trust Fund; Cement Masons Health and Welfare Trust Fund for Northern California; Cement Masons Pension Trust Fund for Northern California; Cement Masons Vacation Trust Fund for Northern California; Cement Masons Apprenticeship and Training Trust Fund for Northern California; Laborers Health and Welfare Trust Fund for Northern California; Laborers Vacation-Holiday Trust Fund for Northern California; Laborers Pension Trust Fund for Northern California; Laborers Training and Retraining Trust Fund for Northern California, Appellants. EICHLEAY CORPORATION v. SHEET METAL WORKERS INTERNATIONAL ASSOCIATION Sheet Metal Workers International Association; and Local 104 of the Sheet Metal Workers' International Association, Appellants. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO; Local 302 of the International Brotherhood of Electrical Workers, AFL-CIO; United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO; Steamfitters Local 342 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, Appellants, v. EICHLEAY CORPORATION, a/k/a Eichleay Constructors, Inc., and/or ECI, and/or AMK International.

United States Court of Appeals, Third Circuit.

Decided July 1, 1991.

As Amended September 4, 1991.


Attorney(s) appearing for the Case

Victor J. Van Bourg, Sandra Rae Benson, (argued), Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., for appellants in No. 90-3637.

James Kuhn, III, Kuhn, Engle & Stein, Pittsburgh, Pa., for appellants in No. 90-3637.

Peter D. Nussbaum (argued), Daniel T. Purtell, Altshuler, Berzon, Nussbaum, Berzon & Rubin, San Francisco, Cal., for appellants in Nos. 90-3692 and 90-3693.

Richard Resnick, Sherman, Dunn, Cohen, Leifer & Yellig, P.C., Washington, D.C., for appellants in Nos. 90-3692 and 90-3693.

Stanford Segal, Gatz, Cohen, Segal & Koerner, Pittsburgh, Pa., for appellants in Nos. 90-3692 and 90-3693.

Judith Rivlin, Sheet Metal Workers Intern. Union, Washington, D.C., for appellants in No. 90-3692.

Brian A. Powers, O'Donoghue & O'Donoghue, Washington, D.C., for appellants in No. 90-3693.

Peter G. Nash (argued), Ogletree, Deakins, Nash, Smoak and Stewart, Washington, D.C., for appellee in Nos. 90-3637, 90-3692, 90-3693.

Before BECKER and NYGAARD, Circuit Judges and GREEN, District Judge.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

In these consolidated appeals, we again address the great deference due arbitrators' decisions in labor disputes. The appellant Unions1 contest the district court's order vacating a series of arbitration awards favorable to them. We will affirm in part and reverse in part.

I.

This acrimonious dispute between Eichleay Corporation ("Eichleay") and the plaintiff Unions...

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