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Arbitration Award In Favor of Construction Firm Against the Union Affirmed

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By FindLaw Staff on June 04, 2010 4:36 PM

Prate Installations, Inc. v. Chicago Reg'l Council of Carpenters, No. 09-2453 concerned a challenge to the district court's judgment in an enforcement proceeding to confirm an arbitration award in favor of a construction firm, arising from a breach of contract by a union.

In affirming the district court's decision, the court held that the arbitrator permissibly interpreted the CBA to find that the union violated the MFN clause.  The court also held that the district court did not err in striking the portion of the arbitrator's award that extends past the expiration for the 2001 CBA. The court concluded that the issue of whether the arbitrator inappropriately adjusted wage rates is moot because the award of equitable relief is vacated.  In addition, the court held that the district court properly dismissed the union's argument that the arbitrator improperly relief on facts covered by the 2002 release, and that the arbitrator permissibly awarded attorneys' fees.   

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