Union Local 679 v. Richmond-Chase Corp.

[842]

DRAPER, Acting P. J.

This appeal is from an order denying appellant union’s motion for confirmation of an arbitration award, granting respondent employer’s motion to vacate the award, and directing rehearing by the arbitrators.

The basic dispute arose from the exclusion of certain workers over 65 years of age from the “seasonal seniority list” established under the collective bargaining agreement of the parties. Pursuant to other provisions of this agreement, the dispute was submitted to a board of arbitrators. The board ruled that claimant employees should “receive back pay, less any other earnings received by them during that period in question.” The union moved for an order confirming the award (Code Civ. Proc., § 1287), and the employer moved to vacate the award on the ground that the arbitrators so imperfectly executed their powers “that a mutual, final and definite award” was not made (Code Civ. Proc., § 1288, subd. (d)). The argument was that the award was ambiguous in that it could not be determined whether social security payments were to be deducted in computing back pay. Appellant’s motion was dismissed without prejudice solely on the ground that the award offered in evidence was not properly authenticated (Code Civ. Proc., § 1287). The employer then applied to the arbitration board for clarification of its award, asserting that the several claimants had in fact received social security payments by reason of their age, that they would not have received these payments if they had been actually employed at the times in question, and that to refuse deduction of such payments would give these claimants more than they would have received if employed and paid during the period covered by the award of back pay. The union argued that the award was definite and required no clarification. The arbitrators determined that the requested clarification was a matter properly to be considered by the board, and set the matter for later presentation.

The union then renewed its motion to the superior court for confirmation, and the employer filed another motion to vacate, supported by affidavit setting up the action taken by the arbitrators on the request for clarification. The court denied the motion to confirm, granted the motion to vacate, and directed rehearing by the arbitrators.

Appellant relies upon authorities announcing the strong policy of this state in favor of arbitration