Roofers Local No. 36 v. Premier Roof Co.

Opinion

ROTH, P. J.

Pursuant to a collective bargaining agreement entered into on December 12, 1977, between appellant Premier Roof Co., Inc. and respondent Roofers’ Local No. 36, a letter notice was sent on March 24, 1979, by the joint labor relations board to appellant, advising it that it appeared to be in violation of the agreement, in that it had failed to submit certain fringe benefit contributions due to a designated trustee, and citing it to appear before the board on the following April 4 in connection therewith. Extensions of the appearance date were made to May 2, June 6, and July 11 to enable appellant to review its books and answer the charge, and meetings between appellant and the trust’s auditors for a like purpose were held on June 6, August 15 and August 30.

On September 27, 1979, appellant was again sent a letter notice, citing it to appear October 10 on the same charge. After its representatives attended on the latter date, an “Arbitration Award” was prepared by the board ordering appellant to pay to the trust fund $26,973.49 in fringe benefits and assessing it $839.75 in auditing fees. A copy of this award was served on appellant by registered mail on October 15, 1979. Thereafter on March 12, 1980, respondent filed its petition to confirm the award and on September 15, 1980, a judgment was made granting that request. This appeal followed. We affirm.

Only one finding of fact was made by the trial court, i.e., that the arbitration award was served on appellant on October 15, 1979. Substantial evidence supported that finding. If there were nothing more, the sole conclusion of law arrived at, i.e., that appellant was barred by Code of Civil Procedure section 1288

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from moving to vacate the award, would be dispositive of the matter.

It is urged, however, that appellant had no notice the October 10 meeting was to be an arbitration proceeding, that it was given no oppor

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tunity to be heard, that it was denied the right to counsel, and that what transpired was in violation of the collective bargaining agreement. Stated otherwise, it is contended what went on was not in fact an arbitration proceeding at all, or, if it was, appellant was not sufficiently apprised that was the case, in such fashion that its due process rights were abridged.