Opinion
Case No. ED CV 03-00086 VAP (SGLx)
June 5, 2003
JUDGMENT
The respective cross-motions for summary judgment of the parties came on for hearing this day upon an agreed record. Stephen J. Schultz of Merrill, Schultz Wolds, Limited, appeared for the plaintiff/counter-defendant. Donald C. Carroll of the Law Offices of Carroll Scully, Inc, appeared for the defendant/counter-claimant.
The Court finds that there is no genuine issue as to any material fact and that the defendant/counter-claimant INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION NO. 12 is entitled as a matter of law to a judgment confirming the arbitration award of Arbitrator Howard S. Block dated November 26, 2002. The Court finds that the award draws its essence from the collective bargaining agreement and the Court may not review the merits of the award United Steelworkers v Enterprise Wheel Car Corp., 363 U.S. 593 (1960) and Major League Baseball Players' Association v. Garvey, 532 U.S. 504 (2001).
The Court further finds that the plaintiff/counter-defendant has acted in bad faith, vexatiously, wantonly, or for oppressive reasons and that the defendant/counter-claimant is entitled to a reasonable attorneys fee. The Request for Judicial Notice is granted. The prior history between the parties in this Court's case of Shank Balfour Beatty v. Int. Union of Operating Engineers Local Union No 12, No. EDCV 99-439, Ninth Circuit Case No. 00-56786, fairly advised plaintiff Shank/Balfour Beatty that the courts are not properly available to review arbitration awards where the plaintiff simply disagrees with an arbitrator's interpretation. The plaintiff has unjustifiably refused to abide by the arbitrator's award and such refusal equates to an act taken in bad faith, vexatiously or for oppressive reasons. Petroleum andIndustrial Workers v. Western Industrial Maintenance, 707 F.2d 425 (9th Cir 1983).
IT IS ORDERED, ADJUDGED AND DECREED that the motion for summary judgment of the plaintiff Shank/Balfour Beatty, a joint venture, is denied.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the motion for summary judgment of defendant/counter-claimant INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION NO 12 is granted The Union is given fourteen (14) days to file Its application for fees which application will be noticed for hearing on a law and motion. calendar.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the plaintiff Shank/Balfour Beatty, a joint venture, shall take nothing and its action is dismissed. Judgment shall enter in favor of defendant/counter-claimant INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION NO. 12 and against Shank/Balfour Beatty, a joint venture, confirming the award of Arbitrator Howard S. Block dated November 26, 2002, granting a reasonable attorney's fee, the amount to be fixed by subsequent order of the Court, and granting costs in the amount of $___.