Southwest Regional Council of Carpenters v. Hanan Construction Company, Inc.
Filing
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JUDGMENT CONFIRMING ARBITRATION AWARD by Judge Dolly M. Gee: IT IS HEREBY ORDERED AND ADJUDGED that the Award issued by Arbitrator Edna Francis on 2/24/2011 and reissued on 3/31/2011, is hereby confirmed and enforced, and Respondent Hanan Constructio n Company, Inc., shall comply with the Award, etc. IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to California Civil Code Section 3289(b), Respondent Hanan Construction Company, Inc., must pay an interest at a rate of ten percent per annum from t he time of the breach until full satisfaction of the arbitration award. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that SOUTHWEST REGIONAL COUNCIL OF CARPENTERS has a judgment against HANAN CONSTRUCTION COMPANY, INC, as follows: Enriquez Velasquez l ost pay $31,480.00 and interest $4,312.33, for TOTAL TO ENRIQUEZ VELASQUEZ $35,792.33. Howard Martin lost pay $61,386.00 and interest $8,409.04, for TOTAL TO HOWARD MARTIN $69,795.04. Nathan Horne lost pay $52,706.1 3 and interest $7,220.02, for TOTAL TO NATHAN HORNE $59,926.15. The amount of benefits Respondent would have paid to the Carpenters Southwest Administrative Corporation plus interest $49,745.42. GRAND TOTAL $215,258.94. This Court retains jurisdiction for purposes of confirming and enforcing any further award made by the arbitrator. See document for details. (gk)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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SOUTHWEST REGIONAL
COUNCIL OF CARPENTERS,
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Petitioner,
CASE NO. 11-CV-03519-DMG-FFM
JUDGMENT CONFIRMING
ARBITRATION AWARD
v.
HANAN CONSTRUCTION
COMPANY, INC.,
Respondent.
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Upon consideration of the contentions of Petitioner Southwest Regional
Council of Carpenters’ unopposed Petition to Confirm Arbitration Award, and this
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Court having jurisdiction under Section 301 of the Labor-Management Relations Act,
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29 U.S.C. § 185, and good cause appearing therefor,
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IT IS HEREBY ORDERED AND ADJUDGED that the Award issued by
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Arbitrator Edna Francis on February 24, 2011 and reissued on March 31, 2011, is
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hereby confirmed and enforced, and Respondent Hanan Construction Company, Inc.,
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shall comply with the Award, including the following remedy: Respondent “shall
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award [Enriquez] Velasquez $31,480.00 (20 weeks’ lost pay @ 39.35 hourly wage
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rate) and attendant pension and welfare benefits; shall award [Howard] Martin
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$61,386.00 (39 weeks’ lost pay @ 39.35 hourly wage rate) and attendant pension and
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welfare benefits; and shall award [Nathan] Horne $52,706.13 (39 weeks’ lost pay @
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$39.35 hourly wage rate minus $8,679.87)) and attendant pension and welfare
benefits.”
IT IS FURTHER ORDERED AND ADJUDGED that, pursuant to California
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Civil Code Section 3289(b), Respondent Hanan Construction Company, Inc., must
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pay an interest at a rate of ten (10) percent per annum from the time of the breach until
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full satisfaction of the arbitration award.
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that
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SOUTHWEST REGIONAL COUNCIL OF CARPENTERS has a judgment against
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HANAN CONSTRUCTION COMPANY, INC, as follows:
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1.
20 weeks’ lost pay @ $39.35 hourly wage rate
$31,480.00
to Enriquez Velasquez out of the 39 week remedy
period (between March 12, 2010 to December 10, 2010)
for the wrongful termination
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Interest of ten (10) percent per annum on $31,480.00,
pursuant to California Civil Code Section 3289(b),
from the time of the breach on March 12, 2010
to the date of the Order confirming the Arbitration
Award
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$4,312.33
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TOTAL TO ENRIQUEZ VELASQUEZ
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$35,792.33
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3.
39 weeks’ lost pay @ $39.35 hourly wage rate
to Howard Martin for the 39 week remedy period
(between March 12, 2010 to December 10, 2010)
for the wrongful termination
4.
Interest of ten (10) percent per annum on $61,386.00,
pursuant to California Civil Code Section 3289(b),
from the time of the breach on March 12, 2010
to the date of the Order confirming the Arbitration
Award
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$61,386.00
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$8,409.04
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TOTAL TO HOWARD MARTIN
39 weeks’ lost pay @ $39.35 hourly wage rate
for the 39 week remedy period (between
March 12, 2010 to December 10, 2010) for the
wrongful termination, minus $8,679.87,
to Nathan Horne
$52,706.13
6.
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$69,795.04
5.
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Interest of ten (10) percent per annum on $52,706.13,
pursuant to California Civil Code Section 3289(b),
from the time of the breach on March 12, 2010
to the date of the Order confirming the Arbitration
Award
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TOTAL TO NATHAN HORNE
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7.
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$7,220.02
$59,926.15
The amount of benefits Respondent would have
paid to the Carpenters Southwest Administrative
Corporation for the weeks that Enriquez Velasquez
would have worked between March 12, 2010
to December 10, 2010 but for the wrongful termination,
excluding the 19 weeks for which Mr. Velasquez
found other employment sometime after July 1, 2010
(78 weekdays, 8 hours/day @ $10.90 per hour; plus
22 weekdays, 8 hours/day @ $11.40 per hour)
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$8,808.00
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8.
The amount of benefits Respondent would have
$17,472.00
paid to the Carpenters Southwest Administrative
Corporation for the 39 weeks Howard Martin would have
worked between March 12, 2010 to December 10, 2010
but for the wrongful termination
(78 weekdays, 8 hours/day @ $10.90 per hour; plus
117 weekdays, 8 hours/day @ $11.40 per hour)
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The amount of benefits Respondent would have
$17,472.00
paid to the Carpenters Southwest Administrative
Corporation for the 39 weeks Nathan Horne would have
worked between March 12, 2010 to December 10, 2010
but for the wrongful termination
(78 weekdays, 8 hours/day @ $10.90 per hour; plus
117 weekdays, 8 hours/day @ $11.40 per hour)
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Interest of ten (10) percent per annum on $43,752
(total of items 7 through 9, above)
pursuant to California Civil Code Section 3289(b),
from the time of the breach on March 12, 2010
to the date of the Order confirming the Arbitration
Award
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$5,993.42
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TOTAL TO THE CARPENTERS SOUTHWEST
ADMINISTRATIVE CORPORATION
$49,745.42
GRAND TOTAL
$215,258.94
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This Court retains jurisdiction for purposes of confirming and enforcing any
further award made by the arbitrator.
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IS IT SO ADJUDGED.
Dated: September 13, 2011
DOLLY M. GEE
United States District Judge
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