Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

ANDERSON v. IBEW

December 3, 1976

RICHARD A. and JOANNE ANDERSON d/b/a FIRESIDE LOUNGE, Plaintiffs,
v.
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL NO. 712, AFL-CIO, Defendant



The opinion of the court was delivered by: COHILL

 Background

 Plaintiffs, Richard A. Anderson and his wife, Joanne, are the proprietors of the Fireside Lounge, a restaurant/bar in the Hopewell Shopping Center, Beaver County, Pennsylvania. They brought this action against the defendant, International Brotherhood of Electrical Workers, Local No. 712, AFL-CIO (The "Union") pursuant to § 303 of the National Labor Relations Act of 1947, as amended (29 U.S.C. § 187). They are seeking general damages, punitive damages and attorney's fees for alleged unfair labor practices.

 Few of the facts are in dispute; most were stipulated to by counsel, and we heard the case non-jury.

 I

 The Facts

 Pursuant to Rule 52(a), Fed. R. Civ. P., we find that the facts of the case are these:

 The Fireside Lounge occupies premises leased by the plaintiffs from one Philip Reicher, trading as Hopewell Shopping Center. The operator/manager of the shopping center is West Penn Realty Company ("West Penn"), and it was with West Penn that plaintiffs always dealt concerning their lease, just as if West Penn were the actual owner.

 On October 17, 1974, there was a fire at the Fireside Lounge, partially destroying the premises. Under the terms of the lease the landlord was required to restore the premises in the event of fire, and West Penn proceeded to enter into a general contract with Marrone Construction Company, Inc. (Marrone) for the repairs.

 On October 28, 1974, the defendant Union's business agent, Edwin D. Hill, wrote the following letter to Fireside Lounge on defendant's letterhead:

 
October 28, 1974
 
Fireside Lounge,
 
23A Hopewell Shopping Center,
 
Aliquippa, Pa.
 
Dear Sir:
 
It has come to our attention that you may be doing some remodeling due to the recent fire in your business establishment. Local Union 712 is very interested in who will be performing the electrical work connected with your remodeling.
 
If we can be of any further service, please feel free to call.
 
Very truly yours,
 
(Signed) Edwin D. Hill
 
Business ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.