IN THE MATTER OF A.F.C.O. METALS, INC., RESPONDENT, v. LOCAL UNION 580, &C.,
ET AL., APPELLANTS.
87 N.Y.2d 222, 661 N.E.2d 1365, 638 N.Y.S.2d 585
December 27, 1995
1 No. 312(1995 NY Int. 299)
Decided December 27, 1995
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Carol L. O'Rourke, for Appellants.
Respondent, precluded.
SMITH, J.:
The appellants claim that the respondent failed to make required
contributions to the union members' pension funds and seek arbitration
of the dispute. Respondent claims that the dispute concerns what union
had the right to perform the work here, a jurisdictional issue not
subject to arbitration under the collective bargaining agreement. The
issue presented on this appeal is whether the underlying dispute is
subject to arbitration under a collective bargaining agreement or
whether the dispute is jurisdictional and subject to other dispute
resolution mechanisms. We affirm the order of the Appellate Division
because the underlying dispute between the parties is a jurisdictional
matter which the parties have agreed to exclude from the arbitration
procedures provided in the collective bargaining agreement.
A.F.C.O. Metals, Inc. (AFCO), a company engaged in architectural metal
works, entered into various contracts to perform construction work at
ten facilities from 1990 to 1992. After notifying the appropriate
unions of these contracts, including Local Union 580 of the
International Association of Bridge, Structural and Ornamental Iron
Workers, AFL-CIO (Local 580), AFCO assigned one of the ten projects to
Local 580. Eight projects were assigned to the Westchester and New
York City Carpenters Unions. All of the projects were duly completed.
A collective bargaining agreement governs labor relations between AFCO
and Local 580.(n 1) Section I of the collective bargaining
agreement provides, in relevant part:
It is agreed that the jurisdiction of work covered by this
Agreement is that provided for in the charter grant issued by the
SNIPPETS:
This opinion is uncorrected and subject to revision before publication in the New York
Carol L. O'Rourke, for Appellants.
Respondent, precluded.
The appellants claim that the respondent failed to make required contributions to the union
Respondent claims that the dispute concerns what union had the right to perform the work
We affirm the order of the Appellate Division because the underlying dispute between the
Metals, Inc. (AFCO), a company engaged in architectural metal works, entered into various
After notifying the appropriate unions of these contracts, including Local Union 580 of the
A collective bargaining agreement governs labor relations between AFCO and Local 580.Section
It is agreed that the jurisdiction of work covered by this Agreement is that provided for in
ng Trades adopted July 9, 1903 with respect to all jurisdictional disputes which may arise under
The foregoing provisions for arbitration are not intended and shall not be construed as in
The required Employer contributions to this Fund shall be made for each straight time hour
In 1992, after conducting an audit of AFCO, Local 580 determined that AFCO had underpaid the
Thus, despite arguments to the contrary, the parties are engaged in a jurisdictional dispute
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Levine and Ciparick concur.
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