United Brotherhood of Carpenters & Joiners of America v. Operative Plasterers' & Cement Masons' International Ass'n of the United States & Canada
826 F. Supp. 2d 209
D.D.C.2011Background
- No. 11 Project dispute arose under LAUSD Project Stabilization Agreement (8(f)); Jurisdictional Plan administered arbitration, awarding work to Plasterers Local 200; Frye Construction assigned No. 11 Project work to Southwest Regional Council employees, triggering dispute; Southwest Regional Council obtained NLRB certification as Frye’s exclusive representative on Feb. 2, 2011; Arbitrator Pagan awarded the No. 11 Project work to Plasterers Local 200 on Feb. 7, 2011; Frye Construction assented to the LAUSD Agreement on Mar. 8, 2011, binding to the Jurisdictional Plan.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Issue preclusion applicability | Association barred by prior ruling | Preclusion denied due to misstatement corrected on reconsideration | Not precluded |
| Validity of Frye’s assent and enforceability of the award | LAUSD Agreement invalid if it undermined exclusive representation | Assent valid; Plan permits arbitration under Jurisdictional Plan | Assent valid; award enforceable under Jurisdictional Plan |
| Relation of representational rights to jurisdictional dispute | Award violates NLRA rights by altering representation | Dispute is jurisdictional, not representational; reassignment allowed | Dispute is jurisdictional; award enforceable without violating NLRA |
| Attorney’s fees eligibility for enforcing the award | Not addressed in Plan as to fees against noncompliant parties | Plan provides fee shifting for enforcement | Association entitled to fees and costs for enforcement |
Key Cases Cited
- Nova Plumbing v. Nat'l Labor Relations Bd., 330 F.3d 531 (D.C. Cir. 2003) (decertification can void § 8(f) recognitions and affect enforceability)
- Carey v. Westinghouse Electric Corp., 375 U.S. 263 (U.S. 1964) (representational certification does not freeze all work assignments)
- Barzinga v. Wilheim, 306 F.3d 17 (10th Cir. 2010) (arbitration standards and deference to agreement terms)
- Plumbing Contractors Ass’n of Baltimore v. United Ass’n of Journeymen and Apprentices, Local No. 48, 93 N.L.R.B. 1081 (NLRB 1951) (certification does not govern work assignments in jurisdictional disputes)
- Howard Univ. v. Metro. Campus Police Officer's Union, 519 F. Supp. 2d 27 (D.D.C. 2007) (limited review of arbitration awards; authority rooted in CBA)
- Nova Plumbing v. Nat'l Labor Relations Bd., 330 F.3d 531 (D.C. Cir. 2003) (see above)