District Council of Iron Workers of the State of California & Vicinity v. Swinerton & Walberg, Inc.

MEMORANDUM AND ORDER

The District Council of Iron Workers of the State of California and Vicinity (“Iron Workers”), sues pursuant to the Labor Management Relations Act § 301, 29 U.S.C. § 185 , to compel arbitration of its labor dispute with respondent employer. In an order dated October 4, 1990, this Court entered summary judgment in favor of respondent, on the ground that an arbitrator’s award of “payment-in-lieu” damages against respondent — the relief sought by petitioner — would be inconsistent with the National Labor Relations Board’s (“NLRB”) assignment of the disputed work to a competing union, the Los Angeles County District Council of Carpenters (“Carpenters”). 1 Pursuant to Federal Rule of Civil Procedure 59(e), petitioner moves the Court to alter, amend, or vacate its judgment.

In support of its motion, petitioner reiterates arguments rejected by the Court in its previous order. However, further discussion is merited because of petitioner's renewed heavy reliance upon certain subcontracting clause cases in which unions have been permitted to seek payment-in-lieu damages in the face of NLRB jurisdictional rulings.

Petitioner contends that since it does not seek a…