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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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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