Foreman Roofing Inc. v. United Union of Roofers, Waterproofers & Allied Workers, Local 36
Opinion
Opinion
Spencer, J.
Introduction
Counterpetitioner United Union of Roofers, Waterproofers and Allied Workers, Local 36 appeals from an order vacating an arbitration award and denying the counterpetition to confirm the award. Certain dismissed respondents in the proceeding to vacate the arbitration award purport to appeal an order denying the awarding of costs to them.
Statement of Facts
On June 6, 1978, John B. Wallace, Jr. (Wallace), doing business as Foreman Roofing Company, a sole proprietorship, entered into a collective bargaining agreement with the predecessor in interest to counterpetitioner. Article X provided that the agreement was effective until August 15, 1980, “and for additional periods of one (1) year thereafter, unless not less than sixty (60) days prior to August 15, 1980, or sixty (60) days prior to the end of any subsequent yearly period, the signatory Contractor or the signatory Union, give written notice to the other of desire to modify, and/or amend, or terminate this agreement, ...” Pursuant to article XI of the agreement, the signatory employer undertook obligations to contribute to various employee benefit plans and to file monthly transmittal reports.