Judge: Mark E. Windham, Case: 24STCP01852, Date: 2024-11-21 Tentative Ruling

Case Number: 24STCP01852    Hearing Date: November 21, 2024    Dept: 26

Teamsters Local Union 572 v. Ralphs Grocery Co., et al.

PETITION TO CONFIRM ARBITRATION AWARD

(CCP § 1285, et seq.)

TENTATIVE RULING:

Petitioner Teamsters Local Union 572’s Petition to Confirm Arbitration Award is GRANTED. RESPONDENT IS REQUIRED TO MAKE WHOLE THOSE EMPLOYEES WHO WERE LAID OFF OR LOST WAGES AND BENEFITS WHEN RESPONDENT TRANSFERRED THE WORK OF PRODUCING PAYCHECKS, PRINTING IDENTIFICATION TAGS, AND PROCESSING VESTCOM PRICE TAGS AND MATERIALS.

ANALYSIS:

On June 6, 2024, Petitioner Teamsters Local Union 572 (“Petitioner”) filed the instant Petition to Confirm Arbitration Award (the “Petition”) against Respondent Ralphs Grocery Company (“Respondent”). No response has been filed to date.

Legal Standard

“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.  The petition shall name as respondent all parties to the arbitration and may name as respondents any other persons bound by the arbitration award.” (Code Civ. Proc., § 1285.) “If a petition or response under this chapter is duly served and filed, the court shall confirm the award as made, whether rendered in this state or another state, unless in accordance with this chapter it corrects the award and confirms it as corrected, vacates the award or dismisses the proceeding.” (Code Civ. Proc., § 1286.)

A response to a Petition to Confirm Arbitration Award that seeks to vacate or correct the award must be served and filed no later than 100 days after the date of the service of a signed copy of the award on the respondent. (Code Civ. Proc., § 1288.2.)

Discussion

Code of Civil Procedure, section 1290.4 requires that the Petition and Notice of Hearing be served on Respondent “in the manner provided in the arbitration agreement for the service of such petition and notice” or “[i]f the arbitration agreement does not provide the manner in which such service shall be made . . . [s]ervice within this State shall be made in the manner provided by law for the service of summons in an action.” (Code Civ. Proc., § 1290.4, subds. (a), (b).)

Petitioner has not shown that the parties’ arbitration agreement provides for the manner of service of the Petition and Notice of Hearing. It follows that the Petition and Notice of Hearing must be served in the manner provided by law for service of a summons, which is set forth at Code of Civil Procedure sections 415.10 to 415.95. Petitioner has filed proof of personal service of the Petition and Notice of Hearing. (Proof of Personal Service, filed 06/14/24.) Therefore, the Court finds that service of the Petition and Notice of Hearing conforms to Code of Civil Procedure section 1290.4. 

Service of the Arbitration Award and Timing of Service of Petition (CCP §§ 1283.6, 1288, 1288.4)

Code of Civil Procedure section 1283.6 requires that “[t]he neutral arbitrator shall serve a signed copy of the award on each party to the arbitration personally or by registered or certified mail or as provided in the agreement.” (Code Civ. Proc., § 1283.6.) This requirement may be satisfied by service by the arbitrator, or upon proper service of the Award with the Petition. (See Murry v. Civil Service Employees Ins. Co. (1967) 254 Cal.App.2d 796, 799-800.) The arbitration award is not accompanied by a proof of service but Petitioner has demonstrated that the award was served on Respondent with the instant Petition. (Pet., Attachment 4(b).)

Also, a party seeking a court judgment confirming an arbitration award must file and serve the petition no more than four years, but not less than 10 days, after the award is served. (Code Civ. Proc., §§ 1288, 1288.4.) Petitioner has demonstrated compliance with Code of Civil Procedure sections 1288 and 1288.4 by serving the instant Petition eight months after the award was issued on October 11, 2023.

Confirmation of the Arbitration Award

An arbitration award is not directly enforceable until it is confirmed by a court and judgment is entered.  (Code Civ. Proc. § 1287.6; Jones v. Kvistad (1971) 19 Cal.App.3d 836, 840.) The court must confirm the award as made, unless it corrects or vacates the award, or dismisses the proceeding.  (CCP § 1286; Valsan Partners Limited Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818.) Code of Civil Procedure, section 1285.4 states a petition under this chapter shall:

a)      Set forth the substance of or have attached a copy of the agreement to arbitrate unless the petitioner denies the existence of such an agreement.

b)      Set forth the names of the arbitrators.

c)      Set forth or have attached a copy of the award and the written opinion of the arbitrators, if any.

(Code Civ. Proc., § 1285.4.) The Petition complies with the above requirements. It sets forth the nature of the arbitration agreement and the name of the arbitrator. (Pet., ¶¶4-6 and Attachment 8(c).) A copy of the arbitration agreement is also attached. (Id. at Attachment 4(b).) Substantively, the Petition demonstrates that Respondent is required to make whole those employees who were laid off or lost wages and benefits when Respondent transferred the work of producing paychecks, printing identification tags, and processing Vestcom price tags and materials. (Id. at Attachment (4)(b), p. 16.)

Conclusion

Therefore, Petitioner Teamsters Local Union 572’s Petition to Confirm Arbitration Award is GRANTED. RESPONDENT IS REQUIRED TO MAKE WHOLE THOSE EMPLOYEES WHO WERE LAID OFF OR LOST WAGES AND BENEFITS WHEN RESPONDENT TRANSFERRED THE WORK OF PRODUCING PAYCHECKS, PRINTING IDENTIFICATION TAGS, AND PROCESSING VESTCOM PRICE TAGS AND MATERIALS.

Petitioner to give notice.