Los Angeles Local Joint Executive Bd. of Culinary Workers and Bartenders, A. F. of L. v. Stan's Drive-Ins, Inc., DRIVE-IN
| Decision Date | 11 October 1955 |
| Docket Number | DRIVE-IN,I |
| Citation | 288 P.2d 286,136 Cal.App.2d 89 |
| Court | California Court of Appeals Court of Appeals |
| Parties | , 29 Lab.Cas. P 69,519 Arbitration between LOS ANGELES LOCAL JOINT EXECUTIVE BOARD OF CULINARY WORKERS AND BARTENDERS, A. F. of L., and STAN'Snc. Walter COWAN, for and on behalf of LOS ANGELES LOCAL JOINT EXECUTIVE BOARD OF CULINARY WORKERS AND BARTENDERS, A. F. of L., Respondent, v. STAN'Snc., Appellant. Civ. 20545. |
Max Fink, Cyrus Levinthal, and Emmet G. Lavery, Jr., Los Angeles, for appellant.
Alexander H. Schullman, Los Angeles, for respondent.
On January 15, 1952 appellant Stan's Drive-Ins, called Stan's, Clock Drive-Ins, and McDonnell's Drive-Ins entered into a written contract with respondent, called Union, providing, among other things, for the terms and conditions of employment of Stan's union employees for a period of four years with provisions for extensions. Attached to the contract and made a part of it was a document designated 'Schedule A.' 'Schedule A,' described as the 'Wage Section,' set up the wages to be paid per day to Stan's union employees in various classifications and an employer-paid health and welfare plan. The contract provided that 'either the whole or part of 'Schedule A' may be re-opened for negotiations by either party giving written notice to the other of such action thirty (30) days prior to January 15th of any year. Such negotiations shall be subject to the provisions of Section 15 hereof. Such requests for re-opening are to concern only those items set forth in 'Schedule A'.' Section 15 provided that 'Any dispute arising in connection with the annual negotiations pertaining to 'Schedule A' as provided in Section 17 which cannot be resolved by the parties within a reasonable time may be submitted by either party to the American Arbitration Association for adjudication according to the rules of the Association.' No other matter was subject to arbitration by the American Arbitration Association.
On December 4, 1952 Union gave notice to Stan's, Clock Drive-Ins, and McDonnell's Drive-Ins that it wanted to reopen negotiations with respect to 'Schedule A.' Negotiations between the parties followed.
On July 7, 1953 Union gave notice to Stan's that it demanded arbitration of the following dispute:
'What changes, if any, should be made in wages and health and welfare provisions in the collective bargaining agreement dated January 15, 1952 between Stan's Drive-Ins and the Los Angeles Local Joint Executive Board of Culinary Workers and Bartenders.'
Arbitrators were appointed and arbitration had. The award reads:
'It is awarded that Stan's Drive-Ins being a party to the Drive-In and Restaurant Owners Association contract of January 15, 1952 hereinbefore referred to, and bound as a member of that organization of employers thereby until January 15, 1956, it was competently represented in all bargaining pertaining to the amendment to the same agreed on by that organization through Mr. James D'Arcy and executed on behalf of McDonnell's Drive-Ins on January 15, 1953 and approved in writing for Clock's Drive-Ins on or about May 11, 1953.
'It is, therefore, further awarded that the document in evidence in this arbitrational matter, labled [sic] 'Schedule A' and Marked 'Union Exhibit No. 2,' herein and expressing the 1953 amendment to the contract between the parties is held to be equally binding upon all of the parties to the said basic agreement of January 15, 1952 and including said Stan's Drive Ins.
'It is awarded that on the basis of the relationship created between the parties hereto by the contract of January 15, 1952, and irrespective of whether the amendment of 1953 was negotiated and executed in such manner as to be binding on Stan's Drive Ins, the said Stan's Drive Ins shall grant the same wage and other increases as were granted by the other parties to such agreement to be and to become effective for tand [sic] during the year 1953.
'It is further awarded that Stan's Drive Ins shall proceed without undue delay to make all back payments which have become due under such amendment or under this award and to make future compensation and other payments consistently with it.'
Union petitioned for confirmation of the award. In an amendment to the petition, it averred:
'That said Award makes reference to a 'document in evidence in this arbitration matter, labeled 'Schedule A' and marked 'Union Exhibit No. 2' herein'; that a copy of said document, which was Union Exhibit No. 2 in said arbitration proceeding is attached hereto, marked Exhibit F and by this reference made a part hereof.'
The 'Schedule A' attached to the amendment is in the same form as the 'Schedule A' attached to the contract of January 15, 1952 except for increases in wages per day with respect to the various classes of employees, an increase in the amount to be paid into the health and welfare fund, and an addition of a group health insurance plan.
Stan's petitioned for an order vacating the award alleging it was made following a hearing before the board of arbitrators, the arbitrators were guilty of misconduct in that evidence was not taken as to the matters in dispute, and the award was not final and definite in that it refers to extraneous documents and does not set forth in definite terms a specific sum awarded to employees.
After a hearing the court made its order that (1) the award be corrected so as to provide that the increases granted be effective as of January 15, 1953 instead of for 'the year 1953'; (2) the award be modified to provide that Stan's shall pay all back payments which shall have become due and payable under the award within 90 days after date of the order confirming the award instead of 'without undue delay' as provided in the award; (3) the motion to confirm be granted subject to the corrections and modifications; (4) the document titled 'Schedule A' attached to the amendment to the petition for confirmation of the award is binding on Stan's effective January 15, 1953 as an amendment of the contract of January 15, 1952; (5) Stan's has been since January 15, 1953 and is obligated to pay: (a) to employees employed by it at any time on and after January 15, 1953, the wages set out in said 'Schedule A,' (b) to the welfare fund, the payments set out in said 'Schedule A' effective as of January 15, 1953; (6)...
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