Aleut Support Services, LLC v. Stationary Engineers, Local 39

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

INTRODUCTION

This case concerns two upcoming arbitrations. The first, set for September 21, 2015, is between Aleut Support Service, LLC (“Aleut”) and three employee-benefit funds 1 associated with Stationary Engineers Local 39 (“Local 39”). The second, set for October 8, 2015, is between Aleut and Local 39.

Aleut filed this action under section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185 , to compel the Trust Funds and Local 39 to combine the two arbitrations scheduled between the parties into' a single tripartite arbitration. Aleut now moves for a preliminary injunction prohibiting the Trust Funds and Local 39 from proceeding with (or, in the alternative, an order staying) the two arbitrations pending the resolution of this lawsuit.

Neither of the relevant arbitration agreements provides for tripartite arbitration. Lacking a contractual basis for its request, Aleut bases its motion on a line of cases requiring extracontractual tripartite arbitration to resolve disputes between two unions and a common employer over which union was entitled to provide employees for a certain work assignment. Those cases are…