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PLUMBERS & STEAMFITTERS v. CALPINE CORPORATION

United States District Court, N.D. California


October 19, 2005.

PLUMBERS & STEAMFITTERS, LOCAL UNION 342, UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, AFL-CIO Plaintiff,
v.
CALPINE CORPORATION Defendant.

The opinion of the court was delivered by: JEFFREY WHITE, District Judge

STIPULATION TO DISMISS AND ORDER

[F.R.C.P. 41(a)(1)]

  WHEREAS, on November 12, 2002, Plumbers & Steamfitters Local Union 342, United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO ("UA Local 342") filed a complaint ("Complaint") against Calpine Corporation ("Calpine"), alleging a breach of the Northern California Power Plants Project Labor Agreement ("PLA"); and

  WHEREAS, Calpine denies any breach of the PLA, including but not limited to any breach of Section 2.1 or 3.1 of the PLA; and

  WHEREAS, Section 2.1 of the PLA states that "Work performed by Calpine employees after the mechanical completion of each system within a unit is not included within the scope of [the PLA];" and

  WHEREAS, the parties were provided a full opportunity to conduct discovery in this matter, including discovery concerning the negotiation history of the PLA; and

  WHEREAS, the parties have agreed to resolve this matter through a confidential settlement agreement, and desire to avoid any future disputes;

  NOW THEREFORE, it is agreed to by and between Calpine and U.A. Local 342 that the term "mechanical completion of each system within a unit" as used in section 2.1 of the PLA shall be deemed to occur when a system is tagged and locked out, but if Calpine rejects the system as incomplete and returns the system to a contractor, work performed to correct the system and to gain Calpine's acceptance shall be performed under the terms and conditions of the PLA. Further, if after a system is tagged and locked out, major new construction rather than start-up and commissioning work is required to achieve acceptance of the system by Calpine, then such major new construction shall be performed under the terms and conditions of the PLA. Hydrolazing is excluded from the PLA no matter when performed; IT IS FURTHER HEREBY STIPULATED by and between the parties to this action through their designated counsel that the above-captioned action should be dismissed with prejudice pursuant to FRCP 41(a)(1), with each side to bear its own costs and attorney's fees in this matter.

  APPROVED AND SO ORDERED.

20051019

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