Flores

Flores v. Axxis Network & Telecommunications, Inc.

Good Law
173 Cal. App. 4th 802·2009 Cal. App. LEXIS 640·93 Cal. Rptr. 3d 1·15 Wage & Hour Cas.2d (BNA) 817·186 L.R.R.M. (BNA) 2582
Court of Appeal of CaliforniaApril 8, 2009B207453California3,952 words

Opinion

Opinion

Rothschild, J.

Axxis Network & Telecommunications, Inc. (Axxis), appeals from the court’s order denying its petition to compel arbitration of former employees’ claims that they had not been paid the prevailing wage for work performed on projects for the Los Angeles Unified School District (LAUSD) as required by Labor Code section 1770 et seq. governing public works projects. We agree with the trial court that the arbitration provision of the agreement between the LAUSD and trade unions involved in the projects did not mandate arbitration of these statutory prevailing wage claims. Accordingly, we affirm the court’s order denying the petition to compel arbitration.

BACKGROUND

The LAUSD launched a major program of new school construction and major rehabilitation of existing school facilities involving over 1,000 buildings with funds provided by Proposition BB and Measure K. To help ensure construction projects would be completed on time and within budget the LAUSD entered into a “project stabilization agreement” (agreement) in May 2003 with the Los Angeles/Orange Counties Building and Construction Trades Council and various craft unions. The purpose of the agreement was to “establish[]…

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