Cargill Inc v. International Chemical Workers Union et al

Filing 71

MEMORANDUM RULING re 70 Judgment. The Court express no opinion on whether or not the award to plaintiffs should, or should not, be net of interim earnings, nor is the Court ruling on whether this issue was preserved before the arbitrator. The arbit rator has the retained authority to fashion the award to the plaintiffs in accord with the provisions of this Courts Judgment, the Collective Bargaining Agreement (CBA) and to exercise that discretion provided by the CBA. That issue was not before this Court and was not decided by the Courts Ruling and Judgment. Signed by Magistrate Judge C Michael Hill on 07/19/2011. (crt,Davenport, M)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
CARGILL, INC.

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CIVIL NO. 6:10-1079

VERSUS

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MAGISTRATE JUDGE HILL

LOCAL 27C INTERNATIONAL

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BY CONSENT OF THE
PARTIES

CHEMICAL WORKER’S UNION
COUNCIL U F C W, ET AL
MEMORANDUM RULING
A dispute has arisen between the parties regarding the form of the judgment. Both
parties have submitted proposed judgments and memoranda in support thereof. [rec. doc. 64,
65, 66, 67]. The Court has signed the judgment proposed by defendant. In doing so, the
Court express no opinion on whether or not the award to plaintiffs should, or should not, be
net of interim earnings, nor is the Court ruling on whether this issue was preserved before
the arbitrator. The arbitrator has the retained authority to fashion the award to the plaintiffs
in accord with the provisions of this Court’s Judgment, the Collective Bargaining
Agreement (CBA) and to exercise that discretion provided by the CBA. That issue was not
before this Court and was not decided by the Court’s Ruling and Judgment.
THUS DONE AND SIGNED this 19 th day of July, 2011, at Lafayette, Louisiana.