Cabinet Makers Millmen and Industrial Carpenters Local 721 v. Commercial Wood Products Company

Filing 17

JUDGMENT CONFIRMING ARBITRATION AWARD ISSUED BY ARBITRATOR PHILIP TAMOUSH IN FAVOR OF CARPENTERS LOCAL 721 AND AGAINST COMMERCIAL WOOD PRODUCTS COMPANY by Judge Virginia A. Phillips: in the principal amount of $18,256.88, interest in the amount of $1060.40, for a total judgment of $21,151.97. Related to: Order on Application for Default Judgment 16 . IT IS SO ADJUDGED. (MD JS-6, Case Terminated). (ad)

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3 II 1 Desmond C. Lee, (SBN 158952) 2 dlee@deconsel.com 3 Yuliya S. Mirzoyan, (SBN 247324) ymirzoyan@deconsel.com 4 DeCARO & SHALEY i-g- ýJ 5 A Professional Corporation 533 South Fremont Avenue, Ninth Floor 6 Los Angeles, California 90071-1706 7 Telephone: (213) 488-4100 Facsimile: (213) 488-4180 8 9 Attorneys for Petitioner, 10 CABINT MARS, MILLMEN AND INUSTRIAL CARENTERS LOCAL 11 721 12 UNTED STATES DISTRICT COURT 13 CENTRA DISTRICT OF CALIFORNA 14 15 16 CABINT MARS, MILLMEN AND ) CASE NO.: EDCV-12-01932 VAP(SPx) INUSTRIAL CARENTERS LOCAL 721, ~UDGMENT CONFIRMING ARBITRATION 17 Petitioner, AWARD ISSUED BY ARBITRATOR PHILIP TAMOUSH IN FAVOR OF 18 vs. CARPENTERS LOCAL 721 AND 19 AGAINST COMMERCIAL WOOD 20 COMMRCIAL WOOD PRODUCTS PRODUCTS COMPANY 21 COMPAN Hon. Virginia A. Philips 22 Respondent. 23 Date: March 4, 2013 Time: 2:00 p.m; 24 Courtroom: 2 25 26 27 28 -I j 1 Upon consideration of the contentions of Petitioner Cabinet Makers, Milmen and Industrial Carpenters Local 721 ("Union") in open Court, this Court having jurisdiction 1 PROPOSED JUGMENT CONFIRMG ARBITRA nON AWARD .. 1 II the Labor Management Relations Act, 29 U.S.C. § 185, and good 1 under Section 301 of 2 cause appearing therefore, 3 IT is HEREBY ORDERED AND ADnJGED that the Award issued by 4 Arbitrator Philp Tamoush in favor of the Union and against Respondent Commercial 5 Wood Products Company is hereby confirmed and enforced in its entirety. Respondent 6 shall fully comply with the Award, including pay $18,256.88 for the past violation 7 regarding the failure to implement the pay increases as per Section 16 of the collective 8 bargaining agreement between the parties with respect to the pay increases that had to be 9 implemented on August 1, 2011. Additionally, the pay increases must be implemented 10 going forward, beginning with August 1,2012. 11 IT is FURTHER ORDERED AN ADJUDGED that, pursuant to California Civil 12 Code Section 3289(b), Respondent must pay an interest at a rate of ten (10) percent per 13 annum from the time of the breach until full satisfaction of the arbitration award. 14 IT is HEREBY ORDERED, ADnJGED, AN DECREED that CABINT 15 MARS, MILLMEN AN INUSTRIAL CARENTERS LOCAL 721 has a 16 judgment against COMMRCIAL WOOD PRODUCTS COMPAN, as follows: 17 1. 18 Amount owed for the failure to implement the $18,256.88 pre-scheduled pay increases on August 1, 2011 19 20 2. up to and including July 31,2012 22 24 25 $1,825.69 Section 3289(b), from August 1,2011, 21 23 Interest often (10) percent per annum on $18,256.88, pursuant to California Civil Code 3. Interest often (10) percent per annum on $18,256.88, pursuant to California Civil Code Section 3289(b), from August 1,2012 until the date of this Judgment, ¥. W ,2013 26 27 jZl)/5/,1T TOTAL: 28 II J $LObO.40 2 PROPOSED JUDGMENT CONFIRMG ARBITRATION AWAR .. 1 11 1 IT is FURTHER ORDERED AN ADnJGED that Respondent shall provide to 2 Petitioner all payroll records of all of Respondent's employees who have been or are 3 covered by the collective bargaining agreement between the parties that are relevant to 4 determining the amounts owed as to the August 1, 2012 pay increases. Respondent shall 5 comply with all reasonable requests by Petitioner for such payroll records, and must do 6 so in a timely manner and at its own expense. 7 8 9 This Court retains jurisdiction for purposes of confirming and enforcing the award made by the Arbitrator and any clarifications of the Award. IT is SO ADnJGED. 10 11 12 't n DATED:~lß ED STATES DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 .. 27 28 3 PROPOSED JUGMENT CONFIRG ARBITRATION AWAR J

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