Opinion
Case No. 1:03cv553.
July 9, 2007
ORDER
This matter is before the Court following the Court's ruling upon Plaintiff's Motion for Summary Judgment. (Doc. 42) In that Order, the Court held that Casco Fire Protection, LLC is the alter ego of Casco Mechanical Services, Inc. ("Casco Mechanical"), and is subject to the arbitration provision in the collective bargaining agreement between Plaintiff and Casco Mechanical. The Court had previously granted Plaintiff's Motion for Default Judgment against Casco Mechanical. (Doc. 18)
The Supreme Court has held that a decree under § 301(a) of the Labor Management Relations Act of 1947, codified at 29 U.S.C. § 185(a), ordering enforcement of an arbitration provision in a collective bargaining agreement is a final decision. Goodall-Sanford v. United Textile Workers of America, 353 U.S. 550, 551 (1957). The Court explained that if the arbitration ordered by a district court "is not merely a step in judicial enforcement of a claim nor auxiliary to a main proceeding, but the full relief sought," then the district court ruling constitutes "a `final decision' within the meaning of 28 U.S.C. § 1291." Id.
In this action, Plaintiff's only claim sought an order compelling Casco Fire Protection to submit the Union's grievance to final and binding arbitration. The Court finds that by granting default judgment against Casco Mechanical and granting summary judgment in favor of Plaintiff, the Court has reached a final decision. Accord Coca-Cola Bottling Co. of N. Y., Inc. v. Soft Drink Brewery Workers Union, Local 812, Int'l Bhd. of Teamsters, 39 F.3d 408, 410 (2d Cir. 1994) (concluding that the district court's order denying the plaintiff employer's motion for summary judgment and directing arbitration was appealable because it "den[ied] the only relief sought in the [c]ompany's declaratory judgment action"); International Union, United Auto. Aerospace Agric. Implement Workers of Am. v. United Screw Bolt Corp., 941 F.2d 466, 472 (6th Cir. 1991) ("Because the district court has ordered enforcement of the arbitration provision in [the collective bargaining agreement], a final decision has been made and it is appealable under 28 U.S.C. § 1291."). There are no issues remaining for this Court to rule upon, and Plaintiff has been granted the only relief sought in this action. Therefore, this matter shall be CLOSED and terminated from the docket of this Court.