Service Employees International Union Local 32BJ v. Preeminent Protective Services, Inc., No. 19-7157 (D.C. Cir. 2021)
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Preeminent took over a security services contract but refused to hire two guards who had previously worked at the D.C. site. According to the Union, SEIU, the refusal violated a collective-bargaining agreement. In May 2018, the district court ordered the parties to arbitrate. Preeminent stalled for over a year, first refusing to commit to paying its share of the arbitration fees and then accusing an arbitrator of bias for seeking assurance of payment. SEIU moved for contempt. In November 2018, the court ordered Preeminent to pay half the cost. In January 2019, the court found that Preeminent had acted in bad faith and awarded SEIU attorneys’ fees. In June 2019, the court found Preeminent in civil contempt, imposed a $20,000 fine if Preeminent failed to arbitrate within 30 days, and awarded further costs and attorneys’ fees. A third arbitrator completed the arbitration. In November 2019, the court fixed the total amount of costs and attorneys’ fees at $51,000. Days later, Preeminent filed a notice of appeal, challenging the order compelling arbitration, the June 2019 contempt order, and the November 2019 fee order.
The D.C. Circuit concluded that it lacked jurisdiction to review the arbitration and contempt orders, which were final decisions not timely appealed, 28 U.S.C. 2107(a), but affirmed the fee award. The 30-day filing deadline is jurisdictional.
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