City Electric, Inc. v. Local Union 77, International Brotherhood of Electrical Workers

This action was brought by appellees to secure a declaratory judgment respecting the effect of an arbitrator’s decision. 1 They contended that the decision was binding as to one determination but that as to a second determination it exceeded the arbitrator’s authority. Appellant Union contended that the decision should be held binding in its entirety or not at all and that the dispute over the effect of the decision should have been resolved through contractual grievance procedures rather than by the district court. The district court agreed with plaintiffs and granted summary judgment.

Before dealing with the merits of the appeal from judgment a preliminary matter requires attention. After summary judgment was rendered the Union moved for reconsideration, contending for the first time that plaintiffs had waived any right to resort to court action on the dispute by having agreed to abide by the results of arbitration. The motion when made was without factual support. It was not until nearly a month afte.. it had been filed that an affidavit was tendered in support. The district court denied reconsideration. On the basis of this tardily tendered factual dispute,…