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SHEET METAL WORKERS' ASS'N LOCAL 19 v. J.S. MECH.

August 6, 1997

SHEET METAL WORKERS' ASSOCIATION LOCAL 19, Plaintiff,
v.
J.S. MECHANICAL CONTRACTORS, INC., Defendant.



The opinion of the court was delivered by: JOYNER

 JOYNER, J.

 AUGUST 6, 1997

 Plaintiff Sheet Metal Workers' Association Local 19 ("Local 19" or "Plaintiff") has brought this action pursuant to § 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185, to confirm an arbitration award against Defendant J.S. Mechanical Contractors, Inc. ("J.S. Mechanical" or "Defendant"). Before the Court is Plaintiff's Motion for Summary Judgment, which we grant for the reasons stated below.

 BACKGROUND

 Despite Defendant's contention that it did not enter into the 1992 CBA, Mr. Schwiedop wrote Local 19 at least three times after May 29, 1992, indicating that Defendant had no contracts for sheet metal work worth more than $ 5,000. Such notice was a requirement under Article II, Section 3 of the 1992 CBA. In late 1993 or early 1994, Local 19 discovered that J.S. Mechanical had allegedly violated the CBA by performing two sheet metal jobs without calling for sheet metal workers. Pursuant to the CBA's grievance and arbitration clause, Local 19 filed a grievance with a joint adjustment board ("JAB") comprised of an equal number of union and employer appointees. The Sheet Metal Contractors Association of Central Pennsylvania ("the Contractors Association") sent J.S. Mechanical notice of the hearing (scheduled for April 5, 1994) via certified mail, return receipt requested, to the proper address. Delivery of this letter was not accepted, however, and the letter was returned to the Contractors Association. After a hearing conducted in the absence of any J.S. Mechanical representative, the JAB unanimously awarded Local 19 $ 30.33 per hour worked on the disputed projects. The JAB notified J.S. Mechanical of the award by letter dated April 11, 1994. J.S. Mechanical never appealed or moved to set aside the JAB's April 1994 order.

 On May 7, 1995, Local 19 received a fax from "Shirley" at J.S. Mechanical which stated that "we didn't have a contract" but offered to pay Local 19 benefits, not wages, for the disputed projects in an effort to settle the dispute. *fn1" Local 19 refused the offer and, in early 1996, requested a second JAB hearing to determine the number of hours for which J.S. Mechanical would have to pay. The Contractors Association again notified J.S. Mechanical of the hearing (scheduled for April 8, 1996) by certified mail, return receipt requested, to the proper address. Once again, delivery of this notice was not accepted and the letter was returned to the Contractors Association. After a hearing again held in J.S. Mechanical's absence, the JAB unanimously awarded Local 19 $ 14,088.29 for the 464.5 hours of work performed on the two projects. J.S. Mechanical received notice of the JAB award, dated April 30, 1996, on May 14, 1996. That same day J.S. Mechanical's secretary and treasurer, Shirley Schwiedop, wrote a letter to the JAB claiming that the award was a mistake and that J.S. Mechanical did not have a contract with Local 19. A copy of this letter was also sent to Peter W. Hirsch, Regional Director of the Fourth Region of the National Labor Relations Board. At no time, however, did J.S. Mechanical appeal the decision or move to set it aside.

 On June 4, 1996, Local 19 filed this action seeking to enforce the $ 14,088.29 JAB award against J.S. Mechanical.

 DISCUSSION

 In making this determination, all of the facts must be viewed in the light most favorable to the non-moving party and all reasonable inferences must be drawn in favor of the non-moving party. Id. at 256. Once the moving party has met the initial burden of demonstrating the absence of a genuine issue of material fact, the non-moving party must establish the existence of each element of its case. J.F. Feeser, Inc. v. Serv-A-Portion, Inc., 909 F.2d 1524, 1531 (3d Cir. 1990)(citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986)).

 Local 19 argues for summary judgment on two grounds. First, it claims that the JAB's award must be enforced given the special deference such awards are accorded by federal courts. Plaintiff correctly argues that where parties to a CBA have agreed to submit disputes to a joint labor-management grievance committee, the scope of a district court's review in a proceeding to confirm the committee's award is "exceedingly narrow." Eichleay Corp. v. Intern. Ass'n of Iron Workers, 944 F.2d 1047, 1055-56 & n. 7 (3d Cir. 1991); see also Service Employees International Union Local 36, AFL-CIO v. City Cleaning Company, Inc., 982 F.2d 89, 92 (3d Cir. 1992). The Supreme Court has explained that

 
because the parties have contracted to have disputes settled by an arbitrator chosen by them rather than by a judge, it is the arbitrator's view of the facts and of the meaning of the contract that they have agreed to accept. Courts thus do not sit to hear claims of factual or legal error by an ...

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