Opinion
1:22-cv-9386-GHW
02-21-2023
TRUSTEES OF THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS PENSION FUND, WELFARE FUND, ANNUITY FUND, AND APPRENTICESHIP, JOURNEYMAN RETRAINING, EDUCATIONAL AND INDUSTRY FUND, TRUSTEES OF THE NEW YORK CITY CARPENTERS RELIEF AND CHARITY FUND and THE CARPENTER CONTRACTOR ALLIANCE OF METROPOLITAN NEW YORK Petitioners, v. P & J WOOD FLOORS, INC., Respondent.
ORDER
GREGORY H. WOODS, UNITED STATES DISTRICT JUDGE:
In support of its motion for summary judgment, Dkt. No. 12, Petitioners filed a declaration by William Davidian. See Dkt. No. 13-1. In his declaration, Mr. Davidian declares that the “CBA binds Respondent to the policies, rules, and regulations adopted by the Funds. See Ex. B, Art. XV(D).” Id. ¶ 10. The Court's review of the CBA failed to reveal language to that effect in Art. XV of the CBA or elsewhere. Accordingly, Petitioners are directed to file supplemental briefing by February 23, 2022 clarifying the declaration of Mr. Davidian on this point.
Furthermore, Petitioners are also directed to provide supplemental briefing explaining how the record supports the designation and use of J.J. Pierson as the arbitrator here, given that the CBA lists Roger Maher, Richard Adelman, or Bonnie Weinstock as the only designated arbitrators. CBA Art. XI(H). Petitioners are further directed to serve this order on Respondent and to retain proof of service.
SO ORDERED.