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WILLIAM F. WALSH ELEC. CONSTR., INC. v. IBEW

July 3, 1984

WILLIAM F. WALSH ELECTRICAL CONSTRUCTION, INC.
v.
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION 98



The opinion of the court was delivered by: BECHTLE

 BECHTLE, J.

 This is a suit by an electrical contractor, William F. Walsh Electrical Construction, Inc., against a labor union, International Brotherhood of Electrical Workers, Local Union 98, under section 301 of the Labor Management Relations Act, 29 U.S.C. ยง 185. Plaintiff seeks to be made whole by an award of money damages for breach of a collective bargaining agreement between the parties. Presently before the court is defendant's motion for judgment on the pleadings. For the reasons set forth below, the motion will be granted.

 Although the facts surrounding the underlying dispute are contested, for purposes of this motion the factual allegations of the complaint will be accepted as true and may be briefly summarized. Matters outside the pleadings which have been raised in the parties' briefs have not been considered.

 Between December, 1981 and November, 1983, plaintiff was an electrical subcontractor at several job sites in the City of Philadelphia. At each of these sites, plaintiff employed members of defendant Local 98. During this time, plaintiff and defendant were parties to consecutive collective bargaining agreements. The first agreement expired May 1, 1983, and was replaced by the second agreement which is effective until May 2, 1985.

 Plaintiff claims that during the performance of the work and contrary to the provisions of these agreements, agents of Local 98 committed the following acts: refused to allow plaintiff to designate its own foreman; refused to allow plaintiff to hire and retain the most productive employees available; refused to allow plaintiff to hire employees except through an unauthorized referral procedure run by Local 98; refused to accept and execute plaintiff's lawful work rules; refused to accept layoffs; and, required plaintiff to retain an excessive number of supervisory employees. Plaintiff asserts that Local 98's conduct caused plaintiff to: hire additional and unnecessary employees, including supervisors; schedule additional and unnecessary man hours; pay additional and unnecessary premium time; sustain unnecessary job penalties; suffer loss of present and prospective work; have a less skilled and productive work force than other competing subcontractors; and have a work force characterized by excessive turnover. By this lawsuit plaintiff seeks damages under a breach of contract theory for alleged labor cost overruns in the amount of $320,000.00.

 
Section 1.04. There shall be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or dispute over matters relating to this Agreement. All such matters must be handled as stated herein.
 
Section 1.05. There shall be a Labor-Management Committee of three (3) representing the Union and three (3) representing the Employers. It shall meet regularly at such stated times as it may decide. However, it shall also meet within forty-eight (48) hours when notice is given by either party. It shall select its own Chairman and Secretary.
 
Section 1.06. All grievances or questions in dispute shall be adjusted by the duly authorized representative of each of the parties to this Agreement. In the event that these two are unable to adjust any matter within forty-eight (48) hours, they shall refer the same to the Labor-Management Committee.
 
Section 1.07. All matters coming before the Labor-Management Committee shall be decided by a majority vote. Four (4) members of the Committee, two (2) from each of the parties hereto, shall be a quorum for the transaction of business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present and voting.
 
Section 1.08. Should the Labor-Management Committee fail to agree or to adjust any matter, such shall then be referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication. The Council's decisions shall be final and binding on both parties hereto.
 
Section 1.09. When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions and conditions prevailing prior to the time such matters arose shall not be changed or abrogated ...

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