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MULVANEY MECHANICAL v. SHEET METAL WORKERS

No. 00-7546.

351 F.3d 43 (2003)

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.

Vacated and Remanded: March 24, 2003.

Decided: October 30, 2003.

Attorney(s) appearing for the Case

Jeffrey S. Dubin, Law Office of Jeffrey S. Dubin, Huntington, New York, filed a letter brief for Defendant-Appellant.

Christopher T. Handman, Hogan & Hartson L.L.P., Washington, D.C. (Robert B. Mitchell, Pullman & Comley, LLC, Stamford, Connecticut, of counsel), filed a letter brief for Plaintiff-Appellee.

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

Thomas J. Grooms, Syracuse, New York, (Paul Limmiatis, Bond, Schoeneck & King, PLLC, Syracuse, New York, of counsel), filed a letter brief for Mechanical Contractors Association of Connecticut, Inc., and Plumbing-Heating-Cooling Contractors National Association as Amici Curiae.

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

PER CURIAM:

Plaintiff Mulvaney Mechanical Inc. (Mulvaney) had contracted a collective bargaining agreement (agreement) with the Sheet Metal Workers International Association, Local 38 (union) through a multi-employer bargaining group, until the union decided in 1997 that it preferred to bargain with the employers individually. The union and Mulvaney thereafter attempted to negotiate a new labor contract but, when they reached an impasse, the union authorized a strike...

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