Sheet Metal Workers' International Association, Local Union No. 104 v. Tri-R Steel Fabrication Inc.
Published: Mar. 28, 2009 | Result Date: Sep. 11, 2008 | Filing Date: Jan. 1, 1900 |Case number: CIV470431 Arbitration – Equitable Award
Facts
Plaintiffs Sheet Metal Workers' International Association, Local Union No. 104 and defendant Tri-R Steel Fabrication entered into a written collective bargaining contract effective July 1, 2005. The contract was set to expire June 30, 2007 if written notice of reopening was not given 90 days prior to expiration. Plaintiffs filed notice of reopening 90 days prior but defendant would not negotiate a renewal of the contract.
They entered arbitration in Denver, Colo. before the NJAB. A unanimous arbitration award was issued, directing the parties "to execute a three year agreement effective July 1, 2007." The award also set forth certain wage and fringe benefits.
The plaintiffs filed a petition to confirm the award, contending that defendant did not comply with the award as it refused to enter into a new collective bargaining agreement with the Union. The plaintiffs also claimed defendant did not comply with the employment terms pursuant to the award.
Result
Petition denied. The court found there was no evidence that arbitration terms were not satisfied, specifically, there was no proof that the parties failed to negotiate a renewal.
Other Information
FILING DATE: Feb. 21, 2008.
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