San Diego District Council of Carpenters v. Wood, Wire & Metal Lathers Union Local 260

274 Cal. App. 2d 683, 79 Cal. Rptr. 164, 71 L.R.R.M. (BNA) 3189, 1969 Cal. App. LEXIS 2099
CourtCalifornia Court of Appeal
DecidedJuly 8, 1969
DocketCiv. No. 9164
StatusPublished
Cited by3 cases

This text of 274 Cal. App. 2d 683 (San Diego District Council of Carpenters v. Wood, Wire & Metal Lathers Union Local 260) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
San Diego District Council of Carpenters v. Wood, Wire & Metal Lathers Union Local 260, 274 Cal. App. 2d 683, 79 Cal. Rptr. 164, 71 L.R.R.M. (BNA) 3189, 1969 Cal. App. LEXIS 2099 (Cal. Ct. App. 1969).

Opinion

COUGHLIN, J.

This appeal is from an order granting a petition to vacate an arbitration award and denying a counter-petition to confirm the award.

Robert Ek, one of the respondents on appeal, was a contractor in the construction industry; was an employer-party to a collective bargaining agreement between the San Diego Lathing Contractors, and the Wood, Wire and Metal Lathers International Union, Local 260, one of the appellants herein; [685]*685also was an employer-party to a collective bargaining agreement between the Gypsum Drywall Contractors of California and Carpenters Councils and Carpenters Local Unions, including the San Diego District Council of Carpenters, also one of the respondents herein; and assigned members of the Carpenters Union work concerning the construction of walls and ceilings, as part of two construction jobs, of a type subject to the provisions of both collective bargaining agreements. The Carpenters Union described the work as “Sheet Rock” work, and the Lathers Union described it as “Tufcon” work. The work consisted of the installation of panels of plaster base material, taking the place of standard wood lath or conventional plaster board. The panels consisted of a material produced and sold by the United States Gypsum Company under the trademark name of “Tufcon.” Bach union claimed jurisdiction over the work in question under its collective bargaining agreement.

Both agreements contained provisions requiring arbitration of disputes between the contracting parties. The Lathers Union claimed Bk violated the terms of the agreement with it, contending he was required to assign the work to members of that union. A representative of the Lathers Union “indicated” to Bk if the latter did not change the assignment of the work to members of the Lathers Union “it would have an effect on the use of lathers” on other jobs then in progress. This threat did not materialize. Instead-, the Lathers Union filed a complaint against Bk with the arbitration board, described in the agreement as a Joint Committee, alleging his assignment of the work to the carpenters was a violation of his agreement with the Lathers Union. In due course the Joint Committee found Bk “guilty” of “violation of the Bargaining Agreement with the Lathers . . . i.e., hiring carpenters to do the Tufcon work” on the two jobs in question; levied a fine against him of $400; and directed him to pay the fine to the Joint Committee within 60 days, otherwise the agreement would be cancelled and the fine charged against his bond.

The Carpenters Union and Bk initiated this proceeding by petitioning the court to vacate the award and the decision of the Joint Committee. The Lathers Union replied and petitioned the court to confirm the award. A hearing was held; evidence was presented by declarations; the court made written findings of fact; and the order vacating the award and refusing to confirm was made.

[686]*686The collective bargaining agreement to which Ek and the Lathers Union are parties contains the following provision:

“Article XI
“Jurisdictional Disputes
“All jurisdictional disputes shall be resolved in a manner suitable and agreeable to the crafts involved in the dispute or disputes, and the National Labor Relations Board.
“No jurisdictional dispute involving the Union signatory hereto or on whose behalf this agreement is made shall be submitted to the Joint Committee, but shall be determined in the manner and by the procedure of the National Joint Board for the Settlement of Jurisdictional Disputes or any other approved by the International Union, and which is satisfactory to the National Labor Relations Board. ’ ’

The Carpenters Union and Ek claim the dispute' acted upon by the Joint Committee was a jurisdictional dispute; the Joint Committee, by virtue of the foregoing provision of the agreement, was not authorized to act upon the dispute; and, for this reason, the court properly vacated and refused to confirm the award.

The parties agree Ek is engaged in an industry affecting interstate commerce; for this reason the case must be determined under federal law (Butchers’ Union Local 229 v. Cudahy Packing Co., 66 Cal.2d 925, 930, 931 [59 Cal.Rptr. 713, 428 P.2d 849]; Retail Clerks Union v. Thriftimart, Inc., 59 Cal.2d 421, 425 [30 Cal.Rptr. 12, 380 P.2d 652]); a state court may determine whether a dispute is covered by the arbitration provisions of a collective bargaining agreement (John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543, 546 [11 L.Ed.2d 898, 902, 84 S.Ct. 909, 912-913] ; Retail Clerks Union v. Thriftimart, Inc., supra, 59 Cal.2d 421, 423-425); and, under federal law, in determining whether arbitration provisions are susceptible of an interpretation covering an asserted dispute doubts should be resolved in favor of coverage. (United Steelworkers of America v. Warrior & Gulf Nav. Co., 363 U.S. 574, 582-583 [4 L.Ed.2d 1409, 1417-1418, 80 S.Ct. 1347, 1353]; Butchers’ Union Local 229 v. Cudahy Packing Co., supra, 66 Cal.2d 925, 931, 937-938.)

Whether a dispute is subject to the arbitration provisions of a collective bargaining agreement is a matter to be determined by the court on the basis of the agreement. (John Wiley & Sons, Inc. v. Livingston, supra, 376 U.S. 543, 546-547 [687]*687[11 L.Ed.2d 898, 902-903, 84 S.Ct. 909, 912-913]; Atkinson v. Sinclair Refining Co., 370 U.S. 238, 241 [8 L.Ed.2d 462, 465, 82 S.Ct. 1318, 1320]; United Steel Workers of America v. Warrior & Gulf Nav. Co., supra, 363 U.S. 574, 582 [4 L.Ed.2d 1409, 1417, 80 S.Ct. 1347, 1353] ; Retail Clerks Union v. Thriftimart, Inc., supra, 59 Cal.2d 421, 425-426.)

The Lathers Union contends jurisdictional disputes are not excepted from arbitration by the Joint Committee and the dispute in question is not a jurisdictional dispute.

The provision of the agreement that no jurisdictional dispute involving the Lathers Union shall be submitted to the Joint Committee, but shall be determined in the manner and by the procedures of the National Joint Board for the Settlement of Jurisdictional Disputes, is clear and unequivocal. Contrary to the Lathers Union’s contention, three other provisions in the agreement do not create any uncertainty or ambiguity in the premises. One of them relates to “a work stoppage because of a jurisdictional dispute ’ ’; authorizes the employer to submit “the matter” to the Joint Committee; and provides the work stoppage shall cease upon receipt of “the notice” by the Joint Committee.

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Bluebook (online)
274 Cal. App. 2d 683, 79 Cal. Rptr. 164, 71 L.R.R.M. (BNA) 3189, 1969 Cal. App. LEXIS 2099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/san-diego-district-council-of-carpenters-v-wood-wire-metal-lathers-calctapp-1969.