MEMORANDUM AND ORDER
JOHN A. ROSS, District Judge.
This matter is before the Court on cross motions for summary judgment. On December 19, 2012, Plaintiff International Union of Operating Engineers Local 148, AFL-CIO (the "Union") filed a Motion for Summary Judgment (ECF No. 12) and on January 22, 2013 Defendant's Motion for Summary Judgment (ECF No. 21). These motions are fully briefed and ready for disposition.
BACKGROUND
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