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Southwest Regional Council of Carpenters v. Team Framing and Drywall, LLC

United States District Court, Ninth Circuit

December 26, 2013

SOUTHWEST REGIONAL COUNCIL OF CARPENTERS, Petitioner,
v.
TEAM FRAMING AND DRYWALL, LLC; AND TEAM FRAMING, LLC, Respondent.

John T. DeCarlo (SB 70607), Melissa Shimizu (SB 281603), DeCARLO & SHANLEY A Professional Corporation, Los Angeles, California, Attorneys for Petitioner SOUTHWEST REGIONAL COUNCIL OF CARPENTERS.

AMENDED [PROPOSED] JUDGMENT CONFIRMING ARBITRATION AWARD ISSUED BY ARBITRATOR LOUIS ZIGMAN IN FAVOR OF SOUTHWEST REGIONAL COUNCIL OF CARPENTERS AND AGAINST TEAM FRAMING & DRYWALL, LLC AND TEAM FRAMING, LLC

AUDREY B. COLLINS, District Judge.

Upon consideration of the unopposed contentions of Petitioner SOUTHWEST REGIONAL COUNCIL OF CARPENTERS ("SWRCC"), this Court having jurisdiction under Section 301 of the Labor Management Relations Act, 29 U.S.C. ยง 185, and good cause appearing therefor,

IT IS HEREBY ORDERED AND ADJUDGED that the Award issued by the Arbitration Panel in favor of the SWRCC and against Respondents, TEAM FRAMING AND DRYWALL, LLC AND TEAM FRAMING, LLC, is hereby confirmed and enforced in its entirety.

IT IS FURTHER ORDERED AND ADJUDGED that liability for this remedy also attaches to TEAM FRAMING, LLC and that Respondents remain bound to the parties' collective bargaining agreements.

IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to California Civil Code Section 3289(b), Respondents must pay an interest at a rate of ten (10) percent per annum from the time of the breach until full satisfaction of the arbitration award.

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Respondents owe as follows:

1. Amount owed to the SWRCC $101, 851.75 2. Interest of ten (10) percent per annum on $ 12, 278.20 $101, 851.75 pursuant to California Civil Code October 5, 2012 until December 20, 2013 3. Amount owed to the Southwest Carpenters Trust $ 37, 045.03 Funds 4. Interest of ten (10) percent per annum on $ 4, 465.70 $37, 045.03 pursuant to California Civil Code October 5, 2012 until December 20, 2013 5. Amount owed to the Southwest Joint Adjustment $ 5, 000.00 Board for the Drywall/Lathing Industry in fines ($1, 500.00) and liquidated damages ($3, 500.00) 6. Interest of ten (10) percent per annum on $5, 000.00 $ 602.74 pursuant to California Civil Code March 4, 2013 until December 20, 2013 TOTAL: $161, 243.42

IT IS FURTHER ORDERED AND ADJUDGED that, the Respondents submit to an audit by the Trust Funds pursuant to the parties' collective bargaining agreement.

This Court retains jurisdiction for purposes of confirming and enforcing any further award made by the Arbitrator.

IT IS SO ADJUDGED.


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