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Chicago Regional Council of Carpenters v. Onsite Woodwork Corporation

December 12, 2012

CHICAGO REGIONAL COUNCIL OF CARPENTERS, PLAINTIFF,
v.
ONSITE WOODWORK CORPORATION,
DEFENDANT.



The opinion of the court was delivered by: Judge Virginia M. Kendall

MEMORANDUM OPINION AND ORDER

Plaintiff Chicago Regional Council of Carpenters (the "Union") filed suit against Defendant Onsite Woodwork Corp. ("Onsite"), pursuant to Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 *fn1 , to confirm the entry of an arbitration award. Onsite has moved for summary judgment. It asserts that confirmation is improper because there is no showing that any controversy exists regarding the validity of or their compliance with the award. For the reasons set forth below, the Court dismisses Onsite's Complaint.

STATEMENT OF MATERIAL UNDISPUTED FACTS *fn2

Onsite is an Illinois corporation that makes architectural woodwork, including wall panels, doors, trim, casework, and specialty furniture. (Doc. 14, Def. 56.1, ¶ 4.) It has been a Union shop since 1982. ( Id. ) Onsite and the Union have entered into a collective bargaining agreement (the "CBA"). ( Id. at ¶ 5.) In November 2010, the Union filed a grievance with Onsite. ( Id. at ¶ 8.) The grievance alleged that when Onsite recalled Union members, who had previously been laid off, Onsite did not pay those members appropriate wages or benefits. ( Id. at Ex. C.) The Union identified Roberto Roman, Josephine Vasquez, Jeremy Larsen, Carlos Contreras, Brent Karis, and Steve Seymore as Grievants. Each of these employees were recalled after a layoff which lasted six months or more, and upon recall, each of these employees was required to undergo a period of re-orientation. ( Id. at ¶ 15.) The Union's Grievance was not resolved by the parties and proceeded to arbitration. ( Id. at ¶ 12.)

The arbitrator conducted a hearing and entered the following award: The grievance is granted in part and denied in part. Any grievant recalled from layoff after six months and removed from the bargaining unit must be reinstated and dues and initiation fees, if any, restored to them. Also, recalled employees designated as trainees must be made whole for any loss in pay or benefits. As there was no clear loser in this case, the arbitrator's fees and expenses must be shared y the parties. ( Id. at ¶ 13.) The arbitrator did not find that any specific grievants recalled from layoff were actually removed from the bargaining unit or designated as "Trainees." ( Id.

Under the CBA, "Trainee" is defined as "[a]n Employee who is a new hire in the orientation period and is not already a Union member." ( Id. at ¶ 14.) Onsite employees are only designated as "Trainees" by Onsite for the period of time during which they are new, non-union employees undergoing their first period of orientation. ( Id. at ¶ 16.) Once an Onsite employee completes his or her initial orientation period and joins the Union, they are paid Union wages and are not designated as a "Trainee" again. ( Id. at ¶ 18.) They are not designated as a "Trainee" when they are rehired after a layoff. ( Id.) An employee is also not removed from the Union, or the bargaining unit, by virtue of being laid off and rehired by Onsite. ( Id. at ¶ 19.) Upon recalling Union members after a layoff, Onsite employs them as Union members at Union wages with the same classification they held prior to the lay off. ( Id. ) Furthermore, Onsite does not designate recalled Union employees as "Trainees." ( Id.

Grievant Josephine Vasquez was hired as a Trainee in October 2009. ( Id. at ¶ 21.) She was terminated before she ever completed her initial orientation period. ( Id. She never became a member of the Union and her classification never went beyond that of "Trainee." ( Id. ) She is not a Union member covered by the CBA. ( Id. ) Each of the five other Grievants are members of the Union. ( Id. ) After they joined the Union, Onsite, at all times, designated them as Union members and not non-union "Trainees." ( Id. ) When they were recalled after a layoff, the Union member Grievants were paid Union wages. ( Id. at ¶ 22.) They were never removed from the collective bargaining unit. ( Id. at ¶ 23. They were never subjected to any initiation fees upon recall. ( Id. at ¶ 24.) The Grievants were required to undergo an additional round of orientation after being rehired following a layoff lasting six months or more. ( Id. at ¶ 25.) Throughout this reorientation period, they continued to receive Union wages. ( Id.

STANDARD OF REVIEW

Summary judgment is proper when the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). In determining whether a genuine issue of fact exists, the Court must view the evidence and draw all reasonable inferences in favor of the party opposing the motion. Bennington v. Caterpillar Inc. , 275 F.3d 654, 658 (7th Cir. 2001); s ee also Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 255 (1986). However, the Court will "limit its analysis of the facts on summary judgment to evidence that is properly identified and supported in the parties' [Local Rule 56.1] statement." Bordelon v. Chicago Sch. Reform Bd. Of Trustees , 233 F.3d 524, 529 (7th Cir. 2000). Where a proposed statement of fact is supported by the record and not adequately rebutted by the opposing party, the Court will accept that statement as true for the purposes of summary judgment. An adequate rebuttal requires a citation to specific support in the record; an unsubstantiated denial is not adequate. See Albiero v. City of Kankakee , 246 F.3d 927, 933 (7th Cir. 2001); Drake v. Minnesota Mining & Mfg. Co. , 134 F.3d 878, 887 (7th Cir. 1998) ("Rule 56 demands something more specific than the bald assertion of the general truth of a particular matter[;] rather it requires affidavits that cite specific concrete facts establishing the existence of the truth of the matter asserted."). The non-moving party, therefore, cannot rely on mere conclusions and allegations to create factual issues. Bladerston v. Fairbanks Morse Engine Div. Of Coltec Ind. , 328 F.3d 309, 320 (7th Cir. 2003). Nor can speculation be used "to manufacture a genuine issue of fact." Springer v. Durflinger , 518 F.3d 479, 484 (7th Cir. 2008) (citing Amadio v. Ford Motor Co. , 238 F.3d 919, 927 (7th Cir. 2001)).
Furthermore, judicial review of arbitration awards is extremely limited, and the merits of the arbitrator's decision will not be reviewed. See Major League Baseball Players Ass'n v. Garvey, 532 U.S. 504, 509, 121 S. Ct. 1724 (2001); Monee Nursery & Landscaping Co. v. Int'l Union of Operating Eng'rs, Local 150, 348 F.3d 671, 675 (7 th Cir. 2003). "A reviewing court will enforce the arbitrator's award so long as it draws its essence from the contract, even if the court believes the arbitrator misconstrued its provisions." United Food & Commercial Workers, Local 1546 v. Illinois-American Water Co., 569 F.3d 750, 754 (7 th Cir. 2009) (internal quotations omitted).

DISCUSSION

Onsite does not contest the validity of the arbitration award entered in favor of the Union. *fn3

However, it argues that it is entitled to judgment as a matter of law with respect to the Union's Complaint because there is no dispute between the parties that would be resolved by confirming the arbitration award. Onsite argues that the arbitrator awarded the Union two benefits: (1) any grievant recalled from a layoff after six months and removed from the bargaining unit must be reinstated and dues and initiation fee, if any, restored to them; (2) recalled employees designated as trainees must be made whole for any loss in pay or benefits. (Doc. 13 at 6-10.) Onsite argues that it has not failed to comply with the award because none of the Grievants were improperly removed from the bargaining unit or designated as "trainees," with a corresponding loss in pay or benefits. ( Id.

Specifically, Onsite's Rule 56.1 submission identified the following key facts: (1) Once an Onsite employee completes his or her initial orientation period and joins the Union, they are paid Union wages (determined by the terms of the CBA) and are never designated as a "Trainee" again, even upon being rehired after a lay off, as the CBA specifically defines "Trainee" as a "new," non-union employee; (2) An employee is not removed from the Union or the bargaining unit by virtue of being laid off and rehired by Onsite. Upon recalling a Union member after a layoff, Onsite employs them as Union members, at the same classification as they held prior to being laid off, at Union Wages, and Onsite does not designate or otherwise treat recalled Union ...


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