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INTERIOR FINISH CONTRS. ASSN. v. DRYWALL FINISHERS

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


December 5, 1985

INTERIOR FINISH CONTRACTORS ASSOCIATION OF DELAWARE VALLEY
v.
DRYWALL FINISHERS LOCAL UNION, NO. 1955

The opinion of the court was delivered by: BECHTLE

MEMORANDUM AND ORDER

 BECHTLE, J.

 Presently before the court are defendant's motion to set aside a default, defendant's motion for assessment of attorney's fees, plaintiff's motion for assessment of attorney's fees, and cross motions for summary judgment. For the reasons stated herein, defendant's motion to set aside the default will be granted, defendant's motion for assessment of attorney's fees will be denied, plaintiff's motion for assessment of attorney's fees will be denied, plaintiff's motion for summary judgment will be denied, and defendant's motion for summary judgment will be granted.

 FACTS

 In February and March, 1983, three separate, but related, collective bargaining negotiations were ongoing contemporaneously. The negotiations were between plaintiff and defendant, between plaintiff and the Metropolitan District Council of Carpenters (the "MDC"), and between the General Building Contractors Association (the "GBCA") and MDC.

 Plaintiff, an unincorporated trade association, represented its approximately 200 members, which were all in the business of the construction of interior walls, ceilings, and ceiling systems. Defendant, a labor organization, represented plaintiff's members' employees who tape, spackle, and finish interior walls. The GBCA, *fn1" a multi-employer association, represented its members. The MDC, *fn2" another labor organization, represented the employees of plaintiff's members who were not represented by defendant and the employees of the GBCA's members.

 Collective bargaining negotiations between plaintiff and defendant ended on April 12, 1983. Plaintiff and defendant agreed on all the noneconomic terms. They agreed also to abide by the same economic terms which plaintiff and the MDC reached at the conclusion of their ongoing negotiations.

 The negotiations between plaintiff and the MDC concluded on April 27, 1983. The agreement between plaintiff and the MDC provided for a wage raise of $1.75 in the first year of the agreement (the "first year"), a wage raise of $1.75 in the second year (the "second year"), and a wage raise of $2.00 in the third year (the "third year"). The plaintiff-MDC agreement included a "Most Favored Nation Clause," which meant that in the event that the GBCA and the MDC reached economic terms in the conclusion of their negotiations which were more favorable to the GBCA than the economic terms between plaintiff and the MDC, the agreement between plaintiff and the MDC *fn3" would automatically become amended to afford the same economic terms as between the GBCA and the MDC.

 On April 28, 1983, by telephone, Joseph Fiorelli ("Fiorelli"), defendant's President and head of defendant's bargaining unit, informed plaintiff's counsel of the terms of the agreement between plaintiff and the MDC. Fiorelli orally accepted those terms on behalf of the defendant. Subsequently, the written Collective Bargaining Agreement between plaintiff and defendant was drawn up and published. It was ratified by defendant's members and executed by the parties. The agreement provided that it would run for three years from May 1, 1983 to April 30, 1986. It provided for the following wage scale: 5/1/83 5/1/84 5/1/85 to to to 4/30/84 4/30/85 4/30/86 Hourly wage scale $14.03 $15.03 $16.03 Hourly health & welfare 2.01 2.26 2.26 Hourly pension 1.86 $ 2.36 2.86 Hourly vacation 1.00 1.00 1.50 Hourly S. S. Tax .07 .07 .07 Hourly I.A.P. Regular Member .05 .05 .05 Associate Member .05 .05 .05 Agency Member .10 .10 .10 Apprenticeship Fund .07 .07 .07 Dues Check-Off Deduction of 3% of Hourly Rate .42 .45 .48 Affiliation Assessment Deduction of Three Cents of Hourly Rate .03 .03 .03

19851205

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