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J.W. PETERS, INC. v. INTERNATIONAL ASSOC.

United States District Court, N.D. Illinois


April 29, 2004.

J.W. PETERS, INC., Plaintiff,
v.
INTERNATIONAL ASSOCIATION OF BRICK, STRUCTURAL, ORNAMENTAL AND REINFORCING IRON WORKERS, LOCAL UNION #1, et al., Defendants

The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge

MEMORANDUM ORDER

For the reasons stated at greater length in the course of this morning's motion hearing, reasons that conform to the decision by our Court of Appeals in NLRB v. Bufco. Corp., 899 F.2d 608, 610-11 (7th Cir. 1990) and to the uniform decisions of other Courts of Appeals in Int'l Assoc. of Bridge, Structural & Ornamental Iron Workers Local 3 v. NLRB, 643 F.2d 770 (3d Cir. 1988), Mesa Verde Constr. Co. v. N. Cal. Dist. Council of Laborers, 861 F.2d 1124 (9th Cir. 1988)(en banc) and NLRB v. W.L. Miller Co., 871 F.2d 745 (8th Cir. 1989), this Court holds that the purported unilateral repudiation by J.W, Peters, Inc. ("Peters") of its long-established pre-hire agreements with the International Association of Brick, Structural, Ornamental & Reinforcing Iron Workers Local Union #1 ("Union"), most recently via the December 12, 2002 Compliance Agreement between Peters and Union ("Compliance Agreement"), is a nullity and totally invalid. Accordingly the Compliance Agreement is still in full force and effect and is in turn governed by the most recent Agreement between the Associated Steel Erectors of Chicago, Illinois and Union for the period beginning June 1, 2003 and ending May 31, 2006 ("Principal Agreement")(see Compliance Agreement ΒΆ 4).

Because both the Compliance Agreement and the Principal Agreement are thus in full force and effect, Peters' motion to stay any proceedings before the Joint Arbitration Board on the same subject is denied.*fn1 And because Peters' action has taken the form of its Complaint for Declaratory Judgment, and because this Court's final judgment is in favor of Union and its codefendant and against Peters as to whether the pre-hire agreement between the parties (the Compliance Agreement) "has been properly and effectively repudiated" (as Peters' prayer for relief puts it), this action is dismissed with the entry of this final judgment.


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