The opinion of the court was delivered by: KNOX
In this controversy involving a Local Union No. 115 affiliated with the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO (United Association), brought under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, the court has heard the testimony of the parties, considered the evidence and exhibits and makes the following
1. Townsend and Bottum, Inc. is a corporation principally engaged in the construction of power plants and undertook the construction of a large power plant on behalf of Pennsylvania Power Company, New Castle, Pennsylvania. The construction of this power plant, known as the Bruce Mansfield Power Plant in Beaver County, Pennsylvania, began on or about the first day of November, 1971. Townsend and Bottum is an employer within the meaning of the Labor Management Relations Act. (Townsend and Bottum, Inc. will hereinafter be referred to as "company".)
2. The company is signatory to an agreement known as the National Construction Agreement by and between the company and the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, hereinafter referred to as "United Association". The National Construction Agreement was executed on the 16th day of October, 1968, and continued in full force and effect until March 31, 1972, and was renewed thereafter.
3. Local Union No. 115 is affiliated with the United Association and at times relevant to this litigation (October, 1971-February, 1972) was composed of approximately three hundred twenty-five members. Local Union No. 115 is a combination of plumbers and steamfitters and is referred to as a "combination local". The geographical jurisdiction of Local Union No. 115 at all times relevant to this litigation was Beaver County, Pennsylvania.
4. The individual plaintiffs are members of Local Union No. 115.
5. Local Union No. 449 is affiliated with the United Association and at all times relevant during this litigation was composed of approximately 2,000 members. The ordinary geographical jurisdiction of Local 449 is Allegheny County, Pennsylvania. The trade jurisdiction of Local 449 is pipefitting.
7. Local Unions 115, 449 and 27 were governed and bound by the provisions of the United Association constitution at all times relevant to this litigation.
8. On the 13th day of October, 1971, a representative of the company, William Brown, and representatives of several labor unions who were scheduled to perform work on the Bruce Mansfield Plant conducted a pre-job conference during which time William Brown, Vice President of the company, in a general fashion outlined the various work rules which would be established and would prevail during the construction of the Bruce Mansfield Plant, including notification of starting and quitting time, pay periods, coffee breaks and other descriptions of the conduct of the work to be performed.
9. During the pre-job conference the company notified all present, including a representative of Local Union 115, that the company was signatory to the National Construction Agreement and that the company would conduct its employment and labor relations activities in accordance with the National Construction Agreement.
10. During the pre-job conference the company, in accordance with the National Construction Agreement, agreed to pay wages and fringe benefits according to the local agreements and ...