MULVANEY MECHANICAL, INC. v. SHEET METAL WORKERS

Docket No. 00-7546.

288 F.3d 491 (2002)

MULVANEY MECHANICAL, INC., Plaintiff-Appellee, v. SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL 38, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 24, 2002.


Attorney(s) appearing for the Case

Jeffrey S. Dubin, Law Offices of Jeffrey S. Dubin, Huntington, NY, for Defendant-Appellant.

Robert B. Mitchell, Bridgeport, Connecticut (David J. Kelly, Durant, Nichols, Houston, Mitchell & Sheahan, PC, Bridgeport, CT, of counsel), for Plaintiff-Appellee.

Margery E. Lieber, Washington, D.C. (Arthur F. Rosenfeld, John E. Higgins, Jr., John H. Ferguson, Nancy E. Kessler Platt, Jennifer R. Taylor, Special Litigation Branch, National Labor Relations Board, Washington, D.C., of counsel), filed a letter brief for the National Labor Relations Board as Amicus Curiae.

Mark S. Renner, San Jose, California (Wylie, McBride, Jesinger, Sure & Platten, San Jose, California; Patrick J. Riley, Sheet Metal Workers' International Association, Washington, D.C., of counsel), filed a brief for Sheet Metal Workers' International Association as Amicus Curiae.

Before: FEINBERG, CARDAMONE, and F.I. PARKER, Circuit Judges.


CARDAMONE, Circuit Judge.

Plaintiff Mulvaney Mechanical, Inc. (Mulvaney, employer, or company) brought suit to vacate an arbitration award that required it as an employer to execute a new collective bargaining agreement with defendant, the Sheet Metal Workers International Association, Local 38 (Local 38, union, or appellant). Mulvaney had contracted originally with Local 38 through a multi-employer bargaining group, until...

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