Bigham v. Genz-Ryan Plumbing & Heating Co., 0:16-cv-00280

Background

Genz-Ryan was party to a collective bargaining agreement (CBA) with Sheet Metal Workers’ Local 10 negotiated through SMARCA that remained in effect if "reopened" until conferences were terminated.
Genz-Ryan revoked SMARCA’s authority in December 2007, negotiated separately with the Union in 2008, declared an impasse June 25, 2008, and last met with the Union on October 27, 2008; the Union emailed on October 28, 2008 proposing to rework its proposal but no further meetings occurred.
Multiple proceedings followed: an NLRB action (ALJ found the CBA terminated after April 30, 2008, parties later settled) and a 2008 district-court suit over unpaid fringe contributions in which Judge Kyle denied summary judgment on the precise date conferences terminated, finding a genuine factual dispute.
The Fund’s trustees later determined in 2012 that Genz-Ryan withdrew in 2009, creating substantial withdrawal liability; Genz-Ryan disputed that and sought arbitration in 2013.
The arbitrator concluded Genz-Ryan’s withdrawal date was at the latest October 27, 2008 (no withdrawal liability). The Fund/Trustees sought to vacate the arbitration award; cross-motions for summary judgment followed.
The district court denied the Fund’s motion to vacate, granted Genz-Ryan summary judgment, and dismissed the amended complaint with prejudice, upholding the arbitrator’s October 27, 2008 withdrawal finding.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Judge Kyle’s 2009 summary-judgment denial is preclusive (collateral estoppel) on whether conferences continued after Oct. 27, 2008	Judge Kyle’s order shows conferences continued past Oct. 27, 2008 and should preclude relitigation	Judge Kyle did not resolve the date; he left a genuine issue of material fact, so no preclusive effect	Court: No collateral estoppel — Judge Kyle did not make a final determination on the termination date
Whether the arbitrator applied improper or insufficient deference to the Fund’s factual determination that withdrawal occurred in 2009	The Fund’s factual determination is presumptively correct and the arbitrator failed to give it proper weight	Arbitrator applied correct standard: withdrawal date is a mixed question of law and fact not entitled to the statutory presumption	Court: Arbitrator applied correct deference; Fund’s determination not entitled to full statutory presumption here
Whether the arbitrator clearly erred in finding conferences terminated by Oct. 27, 2008	Evidence (Judge Kyle order, Union email, settlement accounting) supports conferences continuing into 2009; arbitrator’s Oct. 27 finding is clearly erroneous	The Union email did not overcome impasse; settlement terms did not determine withdrawal date; no further active negotiations occurred after Oct. 27	Court: No clear error — arbitrator’s mixed fact-law determination upheld
Whether the arbitration award should be vacated or modified	Award should be vacated because arbitrator erred on collateral estoppel and termination date	Award should be enforced; Genz-Ryan prevailed at arbitration and arbitrator’s findings were not clearly erroneous	Court: Denied vacatur; granted Genz-Ryan summary judgment and enforced the award

Key Cases Cited

Weitz Co., LLC v. Lloyd’s of London, 574 F.3d 885 (8th Cir. 2009) (summary-judgment evidence/inferences must favor nonmovant)
Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment burden-shifting principles)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (nonmoving party must show specific facts creating genuine issue)
Concrete Pipe & Prod. of Cal., Inc. v. Constr. Laborers Pension Trust for S. Cal., 508 U.S. 602 (U.S. 1993) (employer bears burden to disprove fund’s factual determination by preponderance; withdrawal-date issues can be mixed law and fact)
Nitehawk Exp., Inc. v. Cent. States, Se. & Sw. Areas Pension Fund, 223 F.3d 483 (7th Cir. 2000) (arbitrator’s factual findings reviewed for clear error)
Union Asphalts & Roadoils, Inc. v. MO-KAN Teamsters Pension Fund, 857 F.2d 1230 (8th Cir. 1988) (standards for review of arbitrator determinations)