United Brotherhood of Carpenters & Joiners of America, Local 642 v. DeMello

Opinion

DEVINE, P. J.

The superior court confirmed an arbitration award of $2,850 made by the Joint Adjustment Board in favor of respondent union and against appellant, an individual employer, under the terms of a collective bargaining agreement. Written notice of the award was sent to appellant, but it was not signed by all of the members of the board, as required by Code of Civil Procedure section 1283.4, but by one member only. Because appellant had not appeared at the hearing (apparently he was ill), another hearing was granted, with the same result. There was no formal award at this hearing; appellant was advised by letter that the board had upheld its prior award, Appellant contends that the award is invalid because of nonconformance with section 1283.4.

[840]

The award did not conform with the statute. In

Horn

v.

Gurewitz,

261 Cal.App.2d 255 [67 Cal.Rptr. 791], and

Murry

v.

Civil Service Employees Ins. Co.,

254 Cal.App.2d 796 [62 Cal.Rptr. 659], reference is made to the requirement of signatures of the arbitrators, but in these cases the awards had been properly signed. We hold that the irregularity does not vitiate the award because:

1. Courts must give every intendment to validity of an arbitration award.

(Griffith Co.

v.

San Diego Col. for Women,

45 Cal.2d 501 [289 P.2d 476, 47 A.L.R.2d 1349].)

2. The trial court has but four courses of conduct once a confirmation proceeding is initiated: 1) to confirm, 2) to correct and confirm, 3) to vacate, 4) to dismiss, where a respondent is not a party to the award or is not bound by the arbitration agreement.