Dist Council v. WCC Local Rule 56.

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEWYORK
NEW YORK CITY AND VICINITY
DISTRICT COUNCIL OF THE UNITED
BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA,
Plaintiff,
- against -
THE ASSOCIATION OF WALL-
CEILING & CARPENTRY
INDUSTRIES OF NEW YORK, INC.,
Defendant.
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Index No. 14-cv-6091
LOCAL RULE 56.1 STATEMENT OF
UNDISPUTED MATERIAL FACTS IN
SUPPORT OF MOTION FOR
SUMMARY JUDGMENT TO CONFIRM
ARBITRATION AWARD
Defendant The Association of Wall-Ceiling & Carpentry Industries of New York, Inc.
(WCC or Defendant), submits the following as its Statement of Undisputed Material Facts
pursuant to local Civil Rule 56.1 in support of the defendants Motion for Summary Judgment.
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1. Defendant is a nonprofit corporation organized and existing under the laws of the
State of New York with offices at 125 Jericho Turnpike, Suite 301, Jericho, New York 11753.
2. Upon information and belief, the plaintiff, New York City and Vicinity District
Council of the United Brotherhood of Carpenters and Joiners of America (District Council) is
an unincorporated membership association and a labor organization within the meaning of
301(c) of the LMRA, 29 U.S.C. 185(c), and 2(5) of the National Labor Relations Act, 29
U.S.C. 152(5), representing employees and industries affecting commerce with offices at 395
Hudson Street, New York, New York 10014.
3. The WCC is a multi-employer association that, among other things, acts as
collective bargaining agent for its members and negotiates collective bargaining agreements on
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All factual references are from the Arbitration Award, Rosen Declaration Exhibit 1.
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Dist Council v. WCC Local Rule 56.1 statement
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behalf of its members with the District Council.
4. For decades prior to May, 2013, the WCCs affiliated national organization, The
Association of the Wall and Ceiling Industry (AWCI) had an international agreement with the
United Brotherhood of Carpenters and Joiners of America (UBC).
5. The UBC is the District Councils parent organization.
6. Some WCC contractor members had their own International Agreements directly
with the UBC.
7. These International Agreements, among other things, provided the terms pursuant
to which contractors could employ UBC union carpenters in geographical areas outside their
home locals.
8. For decades prior to June, 2013, the District Council recognized and accepted
International Agreements when invoked by WCC members.
9. In May, 2013, the AWCIs International Agreement with the UBC expired and a
successor agreement was not negotiated.
10. In or about July, 2013, the WCC entered into an International Agreement with the
UBC.
11. By Order dated May 8, 2013, the Court in the proceeding bearing Docket No. 90-
civ-5722 approved a new Collective Bargaining Agreement between the WCC and the District
Council to be effective July 1, 2011, through June 30, 2017 (current CBA).
12. In or about June, 2013, the District Council stopped recognizing and accepting
international agreements when invoked by WCC members.
13. The parties had several meetings attempting to resolve the dispute, but were not
able to do so.
14. The parties agreed to submit the dispute to binding arbitration before Arbitrator
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Dist Council v. WCC Local Rule 56.1 statement
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Howard Edelman, one of the arbitrators named in the current CBA.
15. The parties made written submissions to the Arbitrator and a hearing was held on
April 17, 2014. Thereafter, the parties made written post-hearing submissions.
16. Arbitrator Edelman issued an Opinion and Award dated July 22, 2014 (Award),
resolving the dispute. The Award expressly provides that members of the members of the WCC
have the right to invoke the International Agreement with respect to two-man jobs.
17. Under Article XIII, Section 4 of the current CBA, arbitrators awards are final
and binding upon both parties.
18. Following issuance of the Award, the District Council has continued to refuse to
accept and recognize international agreements when invoked by WCC members.
19. The Award has not been vacated or stayed by order of any court of competent
jurisdiction and is still in full force and effect.
20. The WCC has represented to the District Council, the Review Officer overseeing
the District Council and the Court in the proceeding bearing Docket No. 90-civ-5722, that the
time reporting and anti-corruption provisions of the current CBA would apply to jobs performed
under the International Agreement.
Dated: New York, New York
September 8, 2014
McElroy, Deutsch, Mulvaney & Carpenter, LLP
Attorneys for Defendant
By: /s/ Mark A. Rosen
Mark A. Rosen
88 Pine Street, 24
th
Floor
New York, New York 10005
Phone: 212.483.9490
mrosen@mdmc-law.com
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