CHICAGO REGIONAL COUNCIL OF CARPENTERS v. ONSITE WOODWORK CORPORATION
CHICAGO REGIONAL COUNCIL OF CARPENTERS, Plaintiff,
ONSITE WOODWORK CORPORATION, Defendant.
No. 11 C 8365.
United States District Court, N.D. Illinois, Eastern Division.
December 12, 2012.
MEMORANDUM OPINION AND ORDER
VIRGINIA M. KENDALL, District Judge.
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. § 1851, 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 FACTS2
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.