Southwest Carpenters Pension Trust v. Darracq Concrete

Justia Dockets & Filings Ninth Circuit California Central District Southwest Carpenters Pension Trust v. Darracq Concrete

Southwest Carpenters Pension Trust v. Darracq Concrete

Petitioner:	Southwest Carpenters Pension Trust
Respondent:	Darracq Concrete
Case Number:	2:2011cv06611
Filed:	August 11, 2011
Court:	US District Court for the Central District of California
Presiding Judge:	Philip S. Gutierrez
Presiding Judge:	Suzanne H. Segal
Nature of Suit:	Labor: Labor/Mgt. Relations

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Date Filed	Document Text
September 21, 2011	Filing 18 JUDGMENT CONFIRMING ARBITRATION AWARD: Award issued by Arbitrator Edna Francis on May 12, 2011, is hereby confirmed and enforced, and Respondent Darracq Concrete shall comply with the Award, including the following remedy: To remedy the violation, [D arracq Concrete] shall reinstate Grievant [Cynthia Norwood] to employment and shall award her pay and benefits she would have earned but for the unlawful termination of employment. At a minimum, the award shall cover the period from the date of termi nation of employment to the date of [DarracqConcrete]s receipt of this award. In calculating the amount of backpay to be awarded, [Darracq Concrete] may deduct from the amount of back pay otherwise due (a) the amount of Grievants earnings, if any, fr om interim employment and (b) the amount of any overpayment not recovered by [Darracq Concrete]. IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to California Civil Code Section 3289(b), Respondent Darracq Concrete must pay an interest at a rate of ten (10) percent per annum from the time of the breach untilfull satisfaction of the arbitration award. This Court retains jurisdiction for purposes of confirming and enforcing any further award made by the arbitrator.IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that SOUTHWEST REGIONAL COUNCIL OF CARPENTERS has a judgment against DARRACQ CONCRETE, as follows: 1. Lost pay for the 462 hours of lost time $8,630.16 between February 15, 2011 to May 13, 2011at the rate of $18.68 per hour 2. Interest of ten (10) percent per annum on $8,630.16, $510.72 pursuant to California Civil Code Section 3289(b),from the time of the breach on February 15, 2011 to September 1, 2011, the date of the Order confirming the Arbitration Award TOT AL TO CYNTHIA NORWOOD $9,140.883. Lost benefits for the 462 hours of lost time $3,229.38 between February 15, 2011 to May 13, 2011 at the rate of $6.99 per hour 4. Interest of ten (10) percent per annum on $3,229.38, $191.11 pursuant to California Civil Code Section 3289(b), from the time of the breach on February 15, 2011to September 1, 2011, the date of the Order confirming the Arbitration AwardTOTAL TO THE CARPENTERS SOUTHWEST $3,420.49 ADMINISTRATIVE CORPORATIONGRAND TOTAL $12,561.37 by Judge Philip S. Gutierrez. (ir)

Date Filed

Document Text

September 21, 2011

Filing 18 JUDGMENT CONFIRMING ARBITRATION AWARD: Award issued by Arbitrator Edna Francis on May 12, 2011, is hereby confirmed and enforced, and Respondent Darracq Concrete shall comply with the Award, including the following remedy: To remedy the violation, [D arracq Concrete] shall reinstate Grievant [Cynthia Norwood] to employment and shall award her pay and benefits she would have earned but for the unlawful termination of employment. At a minimum, the award shall cover the period from the date of termi nation of employment to the date of [DarracqConcrete]s receipt of this award. In calculating the amount of backpay to be awarded, [Darracq Concrete] may deduct from the amount of back pay otherwise due (a) the amount of Grievants earnings, if any, fr om interim employment and (b) the amount of any overpayment not recovered by [Darracq Concrete]. IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to California Civil Code Section 3289(b), Respondent Darracq Concrete must pay an interest at a rate of ten (10) percent per annum from the time of the breach untilfull satisfaction of the arbitration award. This Court retains jurisdiction for purposes of confirming and enforcing any further award made by the arbitrator.IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that SOUTHWEST REGIONAL COUNCIL OF CARPENTERS has a judgment against DARRACQ CONCRETE, as follows: 1. Lost pay for the 462 hours of lost time $8,630.16 between February 15, 2011 to May 13, 2011at the rate of $18.68 per hour 2. Interest of ten (10) percent per annum on $8,630.16, $510.72 pursuant to California Civil Code Section 3289(b),from the time of the breach on February 15, 2011 to September 1, 2011, the date of the Order confirming the Arbitration Award TOT AL TO CYNTHIA NORWOOD $9,140.883. Lost benefits for the 462 hours of lost time $3,229.38 between February 15, 2011 to May 13, 2011 at the rate of $6.99 per hour 4. Interest of ten (10) percent per annum on $3,229.38, $191.11 pursuant to California Civil Code Section 3289(b), from the time of the breach on February 15, 2011to September 1, 2011, the date of the Order confirming the Arbitration AwardTOTAL TO THE CARPENTERS SOUTHWEST $3,420.49 ADMINISTRATIVE CORPORATIONGRAND TOTAL $12,561.37 by Judge Philip S. Gutierrez. (ir)

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Petitioner: Southwest Carpenters Pension Trust
Represented By:	Yuliya S Mirzoyan
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Respondent: Darracq Concrete
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