ILNews

Judges: Dispute can be arbitrated

Jennifer Nelson
January 1, 2008
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A union and the owner of the facility the union wants to organize can proceed to arbitration to decide whether the facility is a covered workplace under an agreement requiring neutrality, the 7th Circuit Court of Appeals ruled today.

In United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union v. TriMas Corporation, No. 07-1688, the United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) brought an action in federal court to compel arbitration under the Labor-Management Relations Act after TriMas Corporation refused to submit a dispute with the union to arbitration.

USW informed TriMas, which was a subsidiary of Heartland Industrial Partners, it wanted to organize a TriMas plant in Auburn, Ind., which it believed was considered a "covered workplace" subject to the provisions of an agreement executed between TriMas and USW that required neutrality by TriMas when organizing. The agreement also included an arbitration clause.

USW and Heartland agreed the company and its subsidiaries would remain neutral during organization efforts and would recognize a union if the majority of employees agreed to have USW represent them. The company had its subsidiaries execute agreements with USW directly.

Later, leaders from Heartland and USW wrote a memorandum outlining which plants could be targeted for unionizing based on how amenable the plants would be to the efforts. The Auburn plant wasn't listed in the memorandum. USW never signed the memorandum and no other written agreement about the issue was executed.

When USW tried to get assurances from TriMas that it would remain neutral during an organizing effort at the Auburn plant, TriMas refused; the company also refused to submit the dispute to arbitration, arguing that the Auburn plant wasn't a "covered workplace" under the agreement between TriMas and USW as a result of the memorandum.

USW filed suit in U.S. District Court, Northern District of Indiana, Fort Wayne Division, which granted USW's motion for summary judgment.

The District Court was correct in granting summary judgment for USW, compelling arbitration, and refusing to consider evidence submitted by TriMas because the evidence was irrelevant to the question of the arbitrability because it didn't have to do with the interpretation of the arbitration clause itself, wrote Judge Richard Cudahy. Under the language of the agreement between TriMas and USW, the Auburn plant would be a "covered workplace" because the agreement doesn't list specific plants that it covers.

"Because this dispute is covered by the plain language of the arbitration clause and by nothing else, it should be submitted to arbitration," he wrote.
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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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