Standard Drywall, Inc. v. Operative Plasterers' & Cement Masons' International Ass'n, Local 200

PROCEEDINGS: ORDER GRANTING PETITIONERS’ MOTION FOR SUMMARY JUDGMENT (Docket # 26)

This matter is before the Court on petitioner’s motion for summary judgment. For the reasons and in the manner set forth herein, the Court GRANTS the motion.

On January 15, 2009, petitioners Standard Drywall, Inc. (“SDI”), the Southwest Regional Council of Carpenters (“the Regional Council”), and the United Brotherhood of Carpenters and Joiners of America (“the UBC”) (collectively, “petitioners”) filed this action against Operative Plasterers’ and Cement Masons’ International Association, Local 200, AFL-CIO (“Local 200”) and Operative Plasterers’ and Cement Masons’ International Association of the United States and Canada, AFL-CIO (“OPCMIA”) (collectively, “respondents”). Petitioners subsequently filed a First Amended Complaint (“FAC”) on January 29, 2009. The FAC seeks to vacate the January 22, 2009, award (“the arbitral award”) of arbitrator Paul Greenberg, rendered under the AFL-CIO Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (“the Plan”), on the grounds that it is contrary to a National Labor Relations Board (“NLRB”) Section 10(k) ( 29 U.S.C. § 160 (k))…