New York Air Brake Corp. v. General Signal Corp.
| Decision Date | 07 February 1995 |
| Docket Number | No. 92-CV-356 (FJS) (DNH).,92-CV-356 (FJS) (DNH). |
| Citation | 873 F. Supp. 747 |
| Parties | NEW YORK AIR BRAKE CORPORATION, Plaintiff, v. GENERAL SIGNAL CORPORATION; International Association of Machinists & Aerospace Workers Local No. 761; International Association of Machinists & Aerospace Workers Local No. 761A, Defendants. |
| Court | U.S. District Court — Northern District of New York |
Bond, Schoeneck & King (L. Lawrence Tully, of counsel), Watertown, for plaintiff.
Devorsetz, Stinziano, Gilbert & Smith (Lawrence A. Zimmerman, of counsel), Syracuse, NY, for defendant General Signal Corp.
Boyle & Cantone (Earl P. Boyle, of counsel), Syracuse, NY, for defendant Intern. Ass'n of Machinists & Aerospace Workers, No. 761.
Blitman & King (Donald D. Oliver and Kenneth L. Wagner, of counsel), Syracuse, NY, for defendant Intern. Ass'n of Machinists & Aerospace Workers, No. 761A.
DECISION AND ORDER
Presently before this court is the October 7, 1994, Report and Recommendation of Magistrate Judge David N. Hurd, recommending that an agreement entered into by the parties on April 9, 1993, ("Good Friday Agreement") be implemented in the form of a settlement order. Alternatively, Magistrate Hurd recommended that the matter be remanded to an arbitrator for determination as to whether the meeting on April 9, 1993, ("Good Friday Meeting") resulted in an agreement between the parties to settle the dispute. No objections to this Report-Recommendation have been filed. Upon review of the entire file, this court adopts the Report-Recommendation and rejects the alternate recommendation contained therein.
The parties to this action stipulated to final and binding arbitration and proceeded to and participated in an arbitration hearing on August 6, 7, September 15, and October 6, 1992. The arbitrator issued his decision and award dated March 30, 1993. The parties entered into negotiations on April 9, 1993 (the "Good Friday Meeting") concerning the award. Thereafter, a proposed award was submitted for approval by this court. Defendant International Association of Machinists & Aerospace Workers ("IAMA") Local No. 761 objected to this proposed order.
Three motions are now before the court: (1) a motion by plaintiff to confirm an arbitration award and enforce the terms of the agreement entered into on April 9, 1993; (2) a motion by defendant IAMA Local 761A for summary judgment confirming the arbitration award and enforcing the agreement entered into on April 9, 1993; and (3) a motion by IAMA Local 761 to remand the decision of the arbitrator back to arbitration for further proceedings.
The motions were referred to Magistrate Judge David N. Hurd for the purposes of holding an evidentiary hearing regarding the "Good Friday Meeting." An evidentiary hearing was held by Magistrate Hurd on July 21, 1994, after which a Report-Recommendation was issued.
In accordance with that Report-Recommendation, the court finds that on April 9, 1993, the parties mutually agreed to settle the action ("Good Friday Agreement") pursuant to the terms set forth herein. The settlement is, therefore, approved and shall be implemented as follows:
1. Individuals eligible to transfer by reason of seniority and PD-44 qualifications from Dynapower/Stratopower Division of General Signal Corporation to New York Air Brake Corporation, pursuant to the Supplemental Agreement, shall be offered the opportunity to transfer to jobs available as of April 2, 1993.
2. Any former bargaining unit employee of General Signal Corporation, Dynapower/Stratopower Division, who was on the seniority list as of February 13, 1992, and who is unable to transfer by reason of seniority and PD-44 qualifications to a job at New York Air Brake Corporation pursuant to the Arbitrator's Award of March 30, 1993, shall be placed on the New York Air Brake list of laid off employees in the position determined by the individual's seniority, and shall thereafter retain any and all, but only, those rights provided for by the labor agreement between New York Air Brake Corporation and Local Lodge 761 ("Labor Agreement").
3. The Local Lodge 761A President, the Local Lodge 761 President, and the New York Air Brake Labor Relations Manager shall constitute a committee whose function is to resolve all questions concerning application of seniority and PD-44 qualifications to employees seeking to transfer to New York Air Brake Corporation. All majority decisions of the committee will be final and binding on the parties and all affected employees.
4. Any former bargaining unit employee of General Signal Corporation, Dynapower/Stratopower Division, whose wage rate at termination was a red-circled rate based on a former piece-rate, and who transfers to a job formerly paid at piece-rate at New York Air Brake Corporation shall be paid by red-circled wage rate, unless the Labor Agreement contains a wage rate higher than the transferring employee's wage rate at termination. Transferring employees entitled to such a red-circled rate shall receive the lower of the worker's former red-circled rate at Dynapower/Stratopower or $14.08 per hour. Any transferring employee entitled to a red-circled wage rate at New York Air Brake Corporation shall be subject to all limitations on red-circled piece-rates contained in the Labor Agreement. Any worker who transfers with a red-circled wage rate from piecework shall be subject to all contractual limitations on red-circled piece-rates that apply to employees under the Labor Agreement.
5. Any employee transferring to New York Air Brake Corporation shall earn vacation credit for 1994 as of January 1, 1993, and furthermore, shall be entitled to two (2) weeks paid vacation for 1993, provided, however, that anyone who transfers and who worked less than 1400 hours during 1992 shall be entitled to up to an additional five (5) days of vacation during 1993 as determined by the rules in the Labor Agreement concerning accrual of vacation time. All vacation scheduling shall be subject to the requirements of the Labor Agreement between New York Air Brake Corporation and Local Lodge 761.
6. Any employee transferring to New York Air Brake Corporation shall be reimbursed by New York Air Brake Corporation for the out-of-pocket expense for health insurance premiums incurred by exercising his/ her COBRA option by obtaining other health insurance coverage. In addition, any transferring employee shall be reimbursed by New York Air Brake Corporation for out-of-pocket expense for medical care up to $5,000.00, which amount shall be the maximum payable for any employee or for the employee and dependents, if the employee had dependent coverage. All reimbursement for out-of-pocket expense for medical care shall not exceed the schedule of payments prescribed by the health insurance policy contained in the Labor Agreement. All health insurance reimbursement shall be subject to the same percentage copayments required during the period prior to April 1, 1993, for New York Air Brake employees under the Labor Agreement, and shall be paid only upon submission of proper documentation on or before June 30, 1993.
7. Any employee transferring to New York Air Brake Corporation shall receive pension credit under the New York Air Brake Corporation pension plan effective the date the worker was laid off by General Signal Corporation.
8. New York Air Brake Corporation shall reimburse Lodge 761A's legal fees and disbursements in the amount of $43,149.62.
9. Employees transferring to positions with New York Air Brake Corporation shall receive no back pay for any period of unemployment since being laid off by General Signal Corporation.
Therefore it is hereby
ORDERED, that the "Good Friday Agreement" is a binding settlement of the grievance pursuant to Section 301(a) of the Labor-Management Relations Act; it is further
ORDERED, that the motions to confirm the arbitration award or to remand to the arbitrator are DENIED.
IT IS SO ORDERED.
REPORT-RECOMMENDATION
This matter was referred to the undersigned by District Judge Frederick J. Scullin, Jr., to hold an evidentiary hearing regarding the so-called "Good Friday Meeting," and to file a Report-Recommendation addressing the motions at issue. Presently before this Court are three motions: (1) a motion by plaintiff New York Air Brake Corporation ("New York Air Brake") to confirm an arbitration award and enforce the terms of an agreement entered into on April 9, 1993; (2) a motion by defendant International Association of Machinists & Aerospace Workers ("IAMA") Local 761A ("Local 761A") for summary judgment confirming the arbitration award and enforcing the agreement entered into on April 9, 1993; and (3) a motion by defendant IAMA Local 761 ("Local 761") to remand the decision of the arbitrator back to arbitration for further proceedings.
A hearing was conducted in Syracuse, New York, on July 21, 1994. Seven witnesses were examined during the hearing. Paul M. Sansoucy, attorney with Bond, Schoeneck & King, who has represented plaintiff since 1990; Ernest J. Clemons, President of Local No. 761A in 1992 (filed initial grievance); Steven A. Fayette, Vice President of Local No. 761A on April 9, 1993; Daniel G. Brownell, Vice President of Human Resources at New York Air Brake; Ronald H. Dwyer, Labor Relations Manager for Knoor Air Brake Company, parent to New York Air Brake; Thomas Madill, President of Local No. 761 on April 9, 1993; and Arthur R. Gamble, Directing Business Representative for IAMA with District 137, all testified...
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Chapter 32 - § 32.7 • CHALLENGING THE ARBITRATION AWARD
...at 1173-74. There are only a few grounds on which to challenge an arbitration award. New York Air Brake Corp. v. General Signal Corp., 873 F. Supp. 747, 752 n.3 (N.D.N.Y. 1995). Grounds for attacking an arbitrator's award are set forth in the statute under which the arbitration was conducte......
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Chapter 32 - § 32.7 • CHALLENGING THE ARBITRATION AWARD
...at 1173-74. There are only a few grounds on which to challenge an arbitration award. New York Air Brake Corp. v. General Signal Corp., 873 F. Supp. 747, 752 n.3 (N.D.N.Y. 1995). Grounds for attacking an arbitrator's award are set forth in the statute under which the arbitration was conducte......