Carpenters 46 Northern California Counties Conference Board v. Moore

Full title: CARPENTERS 46 NORTHERN CALIFORNIA COUNTIES CONFERENCE BOARD, et al.…

Court: United States District Court, N.D. California

Date published: May 28, 2004

No. C 04-00725 CRB (N.D. Cal. May. 28, 2004)

Opinion

No. C 04-00725 CRB

May 28, 2004

ORDER GRANTING MOTION FOR DEFAULT JUDGMENT

CHARLES BREYER, District Judge

This is a an action for confirmation of a September 20, 2003 labor arbitration award concerning unpaid employee benefits and for an order compelling defendants employer to submit to an audit. Plaintiffs filed their complaint/petition on February 23, 2004 and served defendants on March 9, 2004. Defendants have not responded to the petition/complaint and have not otherwise communicated with the Court.

Now pending before the Court is plaintiffs' motion for a default judgment. The Clerk entered default as to all defendants on April 12, 2004. After carefully considering the papers filed by plaintiffs, the Court concludes that oral argument is unnecessary, see Local Rule 7-1(b), and GRANTS the motion for a default judgment.

The Court finds that defendants are bound to a written collective bargaining agreement with the Carpenters 46 Northern California Counties, a labor organization within the meaning of the LMRA section 301. Defendants signed a Memorandum Agreement which incorporates the terms and conditions of the Carpenters' Master Agreement. By virtue of becoming bound to the Carpenters' Master Agreement, defendants became subject to all the terms and conditions of various Trust Agreement governing defendants' payment of contributions for employee benefits.

A dispute arose between the parties concerning defendants' contributions to the various trust funds. Pursuant to the cba, the parties submitted the dispute to arbitration. On September 10, 2003, the arbitrator Board of Adjustment issued an award finding in favor of plaintiffs and ordering defendants to pay plaintiffs $19,083.79. The award also directed defendants to submit to an audit of its books and records. Defendants have refused to comply with the award and have refused to submit to an audit.

The Court finds that the arbitration award is valid and enforceable and that defendants, consistent with their obligations under the CBA and the related trust agreements, must submit to an audit of their books and records. Accordingly, the Court will enter judgment in favor of plaintiffs and against defendants as follows:

1. The Court CONFIRM S the Board of Adjustment Award dated September 10, 2003;

2. Defendants shall pay plaintiffs $19,083.79 as set forth in the Board of Adjustment Award dated September 10, 2003;

3. Defendants shall submit to an audit of their books and records pursuant to the Trust Agreements and shall pay all amounts found due and owing as a result of the audit;

4. Defendants shall pay plaintiffs $1,085.00 in attorneys fees and $3 18.75 in costs.

5. This Court shall retain jurisdiction of this matter to enforce the Order compelling an audit.

IT IS SO ORDERED.

JUDGMENT

The Court having granted plaintiffs' motion for a default judgment by Order dated May 28, 2004, it is hereby ordered that judgment be entered in favor of plaintiffs and against all defendants in the total amount of $20,487.54. In addition, the Court confirms the Board of Adjustment Award dated September 10, 2003 and orders defendants to submit to an audit of their books and records pursuant to the Trust Agreements and to pay all amounts found due and owing as a result of the audit. This Court shall retain jurisdiction of this matter to enforce the order compelling an audit.

IT IS SO ORDERED.