Sheet Metal Workers' International Ass'n, Local Union No. 2 v. McElroy's, Inc.

TACHA, Chief Circuit Judge.

Defendant-Appellant McElroy’s, Inc. (“McElroy’s”), a mechanical contractor, and Sheet Metal Workers’ International Association, Local Union No. 77 (now merged with Plaintiff-Appellee Local Union No. 2, hereinafter “Union”) entered into a pre-hire agreement authorized by § 8(f) of the National Labor Relations Act (“NLRA”). See 29 U.S.C. § 158(a). McElroy’s and the Union performed under the contract for nearly three years when McElroy’s notified the Union that it intended to terminate the agreement on its expiration date. The Union insisted that under the terms of the…