Sheet Metal Workers International Ass'n Local Union No. 162 v. B.J. Heating & Air Conditioning

Good Law
695 F. Supp. 485·1987 WL 48396·128 L.R.R.M. (BNA) 2209·1987 U.S. Dist. LEXIS 13946
United States District Court, Eastern District of CaliforniaNovember 25, 1987Civ. S-81-610 EJGCalifornia5,388 words

Opinion

Opinion

Garcia, J.

MEMORANDUM OF DECISION AND ORDER

This action involves plaintiff’s pursuit, since 1981, to enforce under § 301 of the Labor Management Relations Act, [29 U.S. C. § 185], an arbitration award by the National Joint Adjustment Board in favor of plaintiff pursuant to an interest arbitration clause contained in the parties’ collective bargaining agreement (CBA). Despite the tortuous history of this case, the law is clear that the interest arbitration clause (i.e. Article X § 8 of the CBA) and the arbitration award rendered pursuant to that clause are enforceable. Hotel and Restaurant Employees v. Williams, 752 F.2d 1476 (9th Cir.1985); Sheet Metal Workers v. Huggins Sheet Metal, Inc., 752 F.2d 1473 (9th Cir.1985); America Metal Products, Inc. v. Sheet Metal Workers, 794 F.2d 1452 (9th Cir.1986). This court has previously granted summary judgment in favor of plaintiffs as to liability and confirmed the arbitration award of a new contract. (See the memorandum and order filed on August 13, 1984). The court now addresses the question of damages. Following a status conference, and with the consent of counsel, trial on the matter of damages was referred to a specially appointed Master, Mr.…

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