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

Filing 77

AMENDED JUDGMENT CONFIRMING ARBITRATION AWARD ISSUED BY ARBITRATOR PHILLIP TAMOUSH by Judge Virginia A. Phillips, in favor of Cabinet Makers Millmen and Industrial Carpenters Local 721 against Commercial Wood Products Company in the principal amount of $18,256.88, interest in the amount of $2,860.09, attorneys fees of $13,940.00, costs of $0.00 for a total judgment of $35,082.97. Related to: Judgment, 17 . (See document for specifics) (mrgo)

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Desmond C. Lee, (SBN 158952)
[e-mail]
Yuliya S. Mirzoyan, (SBN 247324)
[e-mail]
DeCARLO & SHANLEY
A Professional Corporation
533 South Fremont Avenue, Ninth Floor
Los Angeles, California 90071-1706
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Petitioner,
CABINET MAKERS, MILLMEN AND
INDUSTRIAL CARPENTERS LOCAL
721

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CABINET MAKERS, MILLMEN AND
INDUSTRIAL CARPENTERS LOCAL 721,
Petitioner,

~-lPRO'ÖSEDi AMENDED JUGMENT
) CONFIRMING ARBITRA TION AWARD
) ISSUED BY ARBITRATOR PHILIP

)) TAMOUSH IN FAVOR OF CARPENTERS
LOCAL 721 AND AGAINST
COMMERCIAL WOOD PRODUCTS COMPANY~ COMMERCIAL WOOD PRODUCTS
vs.

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~ CASE NO.: EDCV-12-01932 VAP(SPx)

Respondent.

) COMPANY, ADDING CWP CABINETS

) INC., TO THE JUGMENT
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~ Hon. Virginia A. Philips

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) Date: October 21, 2013
) Time: 2:00 p.m.

~ Courtroom: 2
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(~~Ö~I!D) AMENDED JUDGMENT CONFIRMING ARBITRA nON A WARD

II

Upon consideration of the contentions of Petitioner Cabinet Makers, Milmen and Industrial
2 Carpenters Local 721 ("Union") in open Court, this Court having jurisdiction under Section 301 of the

3 Labor Management Relations Act, 29 U.S.C. § 185, and good cause appearing therefor,

4 IT IS HEREBY ORDERED AND ADJUDGED that the Award issued by Arbitrator Philp
5 Tamoush in favor of

the Union and against Respondent Commercial Wood Products Company is hereby

6 confirmed and enforced in its entirety, and the Judgment is hereby amended to add CWP Cabinets Inc., to
7 the Judgment. Respondent and CWP Cabinets Inc., shall fully comply with the Award, including pay
8 $ 18,256.88 for the past violation regarding the failure to implement the pay increases as per Section 16 of

9 the collective bargaining agreement between the parties with respect to the pay increases that had to be

10 implemented on August 1, 2011. Additionally, the pay increases must be implemented going forward,
1 1 beginning with August 1, 2012.

12 IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to California Civil Code Section

13 3289(b), Respondent and/or CWP Cabinets Inc., must pay an interest at a rate of ten (10) percent per
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the arbitration award.

the breach until full satisfaction of

15 IT is HEREBY ORDERED, ADJUDGED, AND DECREED that CABINET MAKERS,
16 MILLMEN AND INDUSTRIAL CARPENTERS LOCAL 721 has a judgment against COMMERCIAL
17 WOOD PRODUCTS COMPANY and CWP CABINETS INC., as follows:
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1.

Amount owed for the failure to implement the

$18,256.88

pre-scheduled pay increases on August 1, 2011

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2.

Interest often (10) percent per annum on
$18,256.88, pursuant to California Civil Code
Section 3289(b), from August 1, 201 1,
up to and including July 31, 2012

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Interest often (10) percent per annum on
$18,256.88, pursuant to California Civil Code
Section 3289(b), from August 1,2012

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$1,825.69

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unti the date of

this Judgment, February 28,2013,2013

$1,060.40

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4.

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hours
spent by Petitioner's counsel in connection with the Petition
to Confirm (as per the Order in Docket 25)
Attorneys' fees representing the reasonable number of

$13,940.00

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(~PO:5E:f)) AMENDED JUDGMENT CONFIRMING ARBITRA nON A WARD

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TOTAL
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$35,082.97
IT is FURTHER ORDERED AND ADJUDGED that Respondent and/or CWP Cabinets Inc., shall

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provide to Petitioner all payroll records of

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all of

Respondent's employees who have been or are covered

by the collective bargaining agreement between the parties that are relevant to determining the amounts
owed as to the August 1,2012 pay increases. Respondent and/or CWP Cabinets Inc., shall comply with

all reasonable requests by Petitioner for such payroll records, and must do so in a timely manner and at its

own expense.

This Court retains jurisdiction for purposes of confirming and enforcing the award made by the

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the Award.

Arbitrator and any clarifications of

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IT is SO ADJUDGED.

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DATE:i.!J

,2013

k~!

ct Court

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(P&OPElBB19) AMENDED JUDGMENT CONFIRMING ARBITRATION A WARD