Mulvaney Mechanical, Inc. v. Sheet Metal Workers International Association, Local 38

Plaintiff Mulvaney Mechanical Inc. (Mulvaney) had contracted a collective bargaining agreement (agreement) with the Sheet Metal Workers International Association, Local 38 (union) through a multi-employer bargaining group, until the union decided in 1997 that it preferred to bargain with the employers individually. The union and Mulvaney thereafter attempted to negotiate a new labor contract but, when they reached an impasse, the union authorized a strike upon the expiration of the existing bargaining agreement. Several months after the work stoppage, the union invoked the original…