Because plaintiff has not proffered sufficient evidence to enable a fact finder to conclude that work performed by nonunion outside contractors is the same as, substantially comparable to, or an evolution of the work performed by plaintiff's members, and thus the type of work that their labor agreements require be assigned to union employees, defendants are not in breach of the agreements, nor have they breached any duty of good faith owed to plaintiff, and their motion for summary judgment is granted.
September 12, 2005 at 12:00 AM
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