GLOUCESTER TERMINALS, LLC v. TEAMSTERS LOCAL UNION 929

Filing 15

ORDER THAT PETITIONERS CROSS-MOTION FOR SUMMARY JUDGMENT (DOCUMENT NO. 10 ) IS DENIED. RESPONDENTS CROSS-MOTION FOR SUMMARY JUDGMENT (DOCUMENT NO. 9 ) IS GRANTED IN PART AND DENIED IN PART. PETITIONER SHALL REINSTATE GARY AKERS WITH SENIORITY UNI MPAIRED AS OF SEPTEMBER 13, 2016, IN ACCORDANCE WITH THE SEPTEMBER 13, 2016, ARBITRATION AWARD. BY JUNE 5, 2017, RESPONDENT SHALL BRIEF THE COURT ON THE METHOD FOR CALCULATING AKERSS BACK PAY FOR THE PERIOD FROM SEPTEMBER 13, 2016 TO MAY 22, 2017. R ESPONDENT WILL ALSO BRIEF THE COURT ON WHETHER AKERS IS ENTITLED TO PREJUDGMENT INTEREST ON THE BACK PAY, AND ON THE METHOD FOR CALCULATING THAT INTEREST. PETITIONERS RESPONSE WILL BE DUE ON JUNE 19, 2017. SIGNED BY HONORABLE BERLE M. SCHILLER ON 5/22/17. 5/22/17 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
GLOUCESTER TERMINALS, LLC,
Petitioner, Counter-Respondent,
v.
TEAMSTERS LOCAL UNION 929,
Respondent, Counter-Claimant.

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CIVIL ACTION

No. 16-5322

ORDER & JUDGMENT
AND NOW, this 22nd day of May, 2017, upon consideration of Petitioner’s Cross-Motion
for Summary Judgment (Document No. 9), Respondent’s Cross-Motion for Summary Judgment
(Document No. 10), and the parties’ responses thereto, it is hereby ORDERED that:
1.

Petitioner’s Cross-Motion for Summary Judgment (Document No. 10) is DENIED.

2.

Respondent’s Cross-Motion for Summary Judgment (Document No. 9) is
GRANTED in part and DENIED in part.

3.

Petitioner shall REINSTATE Gary Akers with seniority unimpaired

as of

September 13, 2016, in accordance with the September 13, 2016, arbitration award.
4.

By June 5, 2017, Respondent shall brief the Court on the method for calculating
Akers’s back pay for the period from September 13, 2016 to May 22, 2017.
Respondent will also brief the Court on whether Akers is entitled to prejudgment
interest on the back pay, and on the method for calculating that interest. Petitioner’s
response will be due on June 19, 2017.
BY THE COURT:

Berle M. Schiller, J.

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