Sheet Metal Workers Intl Assn v. Maximum Air Flow Co.
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:07-cv-02912-CWH Copies to all parties and the district court/agency. [999214229].. [12-1981]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1981
SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, Local 399,
AFL-CIO,
Plaintiff – Appellee,
v.
JAMES L. MCLEMORE, d/b/a Maximum Air Flow,
Defendant – Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. C. Weston Houck, Senior District
Judge. (2:07-cv-02912-CWH)
Submitted:
September 9, 2013
Decided:
October 9, 2013
Before SHEDD, DUNCAN, and KEENAN, Circuit Judges.
Affirmed by unpublished
per curiam opinion.
Christopher W. Johnson, GIGNILLIAT, SAVITZ & BETTIS, L.L.P.,
Columbia, South Carolina, for Appellant.
Michael T. Anderson,
Arlus J. Stephens, MURPHY ANDERSON PLLC, Washington, D.C., for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Maximum Air Flow Co. appeals the district court’s order
enforcing
an
interest-arbitration
award
and
a
grievance-
arbitration award in favor of Sheet Metal Workers’ Association
International, Local 399, AFL-CIO (“Sheet Metal Workers’”). We
affirm.
Sheet
Metal
Workers’
represents
sheet
metal
is
an
workers
agent
in
the
and
local
union
collective
that
bargaining
process. Maximum Air Flow is a private company located in South
Carolina
that
handles
sheet
metal
ducting
for
heating
and
ventilation systems. Sheet Metal Workers’ and Maximum Air Flow
were parties to several pre-hire agreements prior to the one at
issue here. This case arises out of the third pre-hire agreement
(“Agreement”).
The
Agreement
contained
a
mandatory
dispute
resolution process for grievances of either party, requiring the
parties to participate in the National Joint Adjustment Board’s
(“NJAB”) arbitration procedure. The Agreement also contained an
interest-arbitration
clause,
which
established
that
if
negotiations for a renewal of the Agreement came to a deadlock,
the parties were to submit the issue to the NJAB for a binding
decision on the matter.
In May 2006, Sheet Metal Workers’ notified Maximum Air Flow
that it wanted to renew the Agreement. After the parties were
unable to reach a new agreement, Sheet Metal Workers’ submitted
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the unresolved negotiations to the NJAB. The NJAB ultimately
ordered
the
arbitration
parties
award,
to
which
execute
was
an
to
agreement,
be
the
negotiated
interest-
by
the
area
contractor group and Sheet Metal Workers’.
Maximum
Air
Flow
refused
to
comply
with
the
interest-
arbitration agreement, prompting Sheet Metal Workers’ to file a
grievance with the NJAB. The NJAB thereafter issued a grievancearbitration award in favor of Sheet Metal Workers’, awarding
$341,915.00 in damages and an additional $47,589.00 to be paid
to the Local 399 Joint Apprenticeship and Training Committee.
Sheet Metal Workers’ brought the underlying action pursuant
to § 301 of the Labor Management Relations Act (“LMRA”), 29
U.S.C. § 185, seeking judicial confirmation and enforcement of
the
two
arbitration
Maximum
Air
Flow
awards,
responded
plus
by
costs
moving
and
to
attorney’s
vacate
both
fees.
awards.
Sheet Metal Workers’ contended that the statute of limitations
precluded Maximum Air Flow from vacating the awards.
The
district
court,
after
a
hearing,
agreed
with
Sheet
Metal Workers’ that the statute of limitations barred Maximum
Air Flow’s challenge. Sheet Metal Workers' Int'l Ass'n, Local
399,
AFL-CIO
v.
Maximum
Air
Flow
Co.,
877
F.
Supp.
2d
392
(D.S.C. 2012). Specifically, the district court held the dispute
was
a
labor
management
dispute
and
thus
the
LMRA
provided
jurisdiction; however, the LMRA does not provide a statute of
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limitations period for moving to vacate an arbitration award.
See, e.g., Int'l Longshoremen's Ass'n, AFL-CIO v. Cataneo Inc.,
990 F.2d 794, 799 (4th Cir. 1993). “To fill this void, courts
must look to the most analogous state statute.” Id. The district
court found South Carolina’s ninety-day statute of limitations,
S.C.
Code
vacate
an
Ann.
§
15-48-130(b),
arbitration
award,
which
to
be
applies
the
most
to
motions
analogous
to
state
statute. See Sheet Metal Workers' Int'l Ass'n, 877 F. Supp. 2d
at 398. The district court relied on similar cases from this
court
that
borrowed
the
arbitration
statutes
when
statute
the
of
limitations
dispute
involved
from
state
vacating
an
arbitration award. See id. at 397–98 & n.5. The district court
found Maximum Air Flow had not challenged either arbitration
award within the appropriate ninety-day period, and thus the
statute of limitations barred vacating these awards. See id. at
398.
Maximum Air Flow now appeals, arguing the district court
erred
in
applying
South
Carolina’s
ninety-day
statute
of
limitations because the statute excludes direct application to
collective
bargaining
disputes.
The
issue
of
the
applicable
statute of limitations is a legal matter, which we review de
novo. See McCullough v. Branch Banking & Trust Co., 35 F.3d 127,
129 (4th Cir. 1994).
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Having
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reviewed
the
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parties’
submissions,
the
district
court’s opinion, and the applicable law, we affirm substantially
on
the
reasoning
of
the
district
court’s
order.
Sheet
Metal
Workers' Int'l Ass'n, 877 F. Supp. 2d 392. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before us and oral argument would not
aid the decisional process.
AFFIRMED
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