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Roofers Local No. 36 v. Premier Roof Co.

Citations: 127 Cal. App. 3d 273; 179 Cal. Rptr. 538; 1981 Cal. App. LEXIS 2525Docket: Civ. 61988

Court: California Court of Appeal; December 30, 1981; California; State Appellate Court

Narrative Opinion Summary

The case involves a dispute between a contractor and a union concerning unpaid fringe benefit contributions, governed by a collective bargaining agreement. The contractor was notified of alleged violations and was ultimately subject to an arbitration award requiring payment of benefits and auditing fees. The arbitration award was confirmed by the trial court, which found that the award was properly served and that the contractor failed to timely contest it under procedural statutes. The agreement established that the Joint Labor Relations Board had jurisdiction over such disputes, with decisions requiring a majority vote and being binding on all parties. The arbitration process included provisions for handling deadlocks through a separate arbitration committee. Despite the contractor claiming procedural violations and lack of representation, the court concluded that the procedures were sufficiently clear and adhered to due process requirements. The judgment affirmed the binding nature of the arbitration decision, reinforcing the procedural timelines for contesting arbitration awards. The decision underscores the importance of adhering to established grievance and arbitration procedures within collective bargaining agreements.

Legal Issues Addressed

Arbitration Process and Finality of Decisions

Application: Decisions by the Joint Labor Relations Board or the Arbitration Committee, following a deadlock, are considered final and enforceable by court judgment.

Reasoning: The resulting decision from either the Joint Labor Relations Board or the Arbitration Committee is binding and can be enforced as a court judgment.

Authority of Joint Labor Relations Board

Application: The collective bargaining agreement granted the Joint Labor Relations Board authority over violations, requiring a majority vote for decisions, which are binding on all parties.

Reasoning: The collective bargaining agreement established a grievance procedure under the Los Angeles Joint Labor Relations Board, which had authority over violations and required a majority vote for decisions, rendering its outcomes binding on all parties.

Bar to Vacating Arbitration Award

Application: The appellant's failure to timely seek vacation of the award under the prescribed statutory limit barred it from vacating the arbitration award.

Reasoning: Despite these assertions, the court concluded that under Code of Civil Procedure section 1288, the appellant was barred from vacating the award.

Procedural Requirements for Grievances

Application: The grievance procedures require formal submission through written notice, with hearings scheduled by the Secretary of the Boards, and decisions documented and distributed within a stipulated timeframe.

Reasoning: Disputes must be formally submitted to the Joint Labor Relations Boards through written notice, including details such as the parties involved and the nature of the grievance.

Service of Arbitration Award

Application: The court found substantial evidence that the arbitration award had been properly served to the appellant, which upheld the enforcement of the award.

Reasoning: The trial court found substantial evidence that the award had been properly served.