Davey Tree Surgery Co. v. International Brotherhood of Electrical Workers

Plaintiff and appellant Davey Tree Surgery Company (hereinafter Company) appeals from a judgment of the San Francisco Superior Court denying its petition to vacate the arbitrator’s award and granting the cross-petition of defendant and respondent International Brotherhood of Electrical Workers, Local 1245 (hereinafter Union) confirming the arbitration award.

Issue Presented

An arbitration award is valid even though the board members did not meet after taking evidence.

Record

An arbitrators’ award was issued in favor of the Union. Thereafter, the Company filed a petition in the San Francisco Superior Court to vacate the arbitration award and order a rehearing. The petition is based on the ground that Gerald D. Marcus, the chairman of the arbitration board exceeded his powers under the express terms of the agreement between the Union and the Company in issuing the opinion and award and that said award cannot be corrected without affecting the merits of the decision on the controversy. The Union filed a petition to confirm the arbitration award. After a hearing, the trial court confirmed the arbitration award. The Company appealed.

Statement of the Case

On January 4,…