United Brotherhood of Carpenters & Joiners v. Operative Plasterers' & Cement Masons' International Ass'n
721 F.3d 678
D.C. Cir.2013Background
- LAUSD funded a large capital program; PSA/Plan governs jurisdictional disputes among signatory unions on Project Work.
- SWRCC and Local 200 are involved; Plasterers’ Local 200 claims jurisdiction over plastering work; UBCJA/SWRCC dispute with Plasterers over assignment of No. 7 and No. 11 Projects.
- Two arbitration awards: Kelly Award (No. 7) and Pagan Award (No. 11) finding the work belonged to the Plasterers; District Court vacated or vacated in part and granted summary judgment for Plasterers on appeal.
Carpenters seek vacatur or reversal, arguing arbitrators lacked authority and/or awards contravene law; Plan arbitration remains binding on contractors and employers.
- Issue of mootness disputed; appellate court considers whether case remains live or falls within capable of repetition but evading review.
- Court ultimately affirms district court's summary-judgment grants to Plasterers confirming the arbitration Awards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Arbitrators' authority under the PLA | Carpenters contend awards are beyond arbitrators' scope | Arbitrators correctly interpreted the Plan and PLA terms | Arbitrators authorized to decide jurisdictional disputes |
| Effect of SWRCC certification on Local 200 | SWRCC certification decertifies Local 200, voiding the agreement | Recognition clause does not void the Local 200-Employer relation | SWRCC certification did not void the agreement between Employers and Local 200 |
| Representational vs jurisdictional nature of the dispute | Dispute is representational and within NLRB purview | Dispute is jurisdictional between unions over work assignments | Disputes are jurisdictional; arbitrators validly decided the awards |
| Public policy or consistency with law | Awards violate public policy or conflicting law | Awards consistent with NLRA framework and Plan | Awards consistent with law and not unenforceable on public policy grounds |
Key Cases Cited
- Int’l Longshoremen’s & Warehousemen’s Union v. NLRB, 884 F.2d 1407 (D.C. Cir. 1989) (private settlement of jurisdictional disputes favored)
- CBS, 1 v. United States, 364 U.S. 573 (Supreme Court 1961) (CBS framework for jurisdictional disputes)
- Carey v. Westinghouse Elec. Corp., 375 U.S. 261 (Supreme Court 1964) (representation certification not jurisdictional award)
- Deklewa & Sons, Inc. v. NLRB, 282 N.L.R.B. 1375 (NLRB 1987) (8(f) vs 9(a) applicability in multi-employer agreements)
- Boston Harbor, 507 U.S. 218 (Supreme Court 1993) (construction PLAs evaluated under 8(f) framework)