ROBERT F. ROSSITER, JR., District Judge.
On March 8, 2019, this Court ordered defendant Noah's Ark Processors, LLC ("Noah's Ark") to show cause why it should not be held in civil contempt and sanctioned for failing to comply with the terms of the Arbitration Award (Filing No. 23-4) confirmed (Filing No. 31) by this Court on January 28, 2019 ("confirmation order"). In response (Filing no. 42), Noah's Ark states it relied on advice from legal counsel that filing an appeal (almost a month after this Court entered the confirmation order) would divest this Court of control over the aspects of this case involved in its appeal. Noah's Ark avers that since the Court ruled otherwise, Noah's Ark has notified Michael Marty, President of plaintiff United Food & Commercial Workers' Union, Local No. 293 (the "union"), that
Noah's Ark asks the Court to find that Noah's Ark's explanation, notice to the union, and professed compliance are enough to avoid a contempt finding and any sanctions.
The union takes a different view (Filing No. 44). The union argues Noah's Ark has ignored the collective bargaining agreement ("CBA") and the Arbitration Award to the union's detriment. The union maintains Noah's Ark's demand for a written request to arrange a plant visit is not required by the CBA or the Arbitration Award. According to the union, it sent two representatives to the plant on March 18, 2019, but they were turned away and told to return on April 1, 2019, at 10:00 a.m.
The Court sees improper gamesmanship on both sides of this dispute. It appears neither party is acting professionally. Though somewhat short on specifics, the CBA requires "notice" before any plant visit but does not require that notice to be in writing.
Before this dispute, the parties operated under the CBA for almost five years. The Court expects both parties to abide by the CBA, the Arbitration Award, and the confirmation order without further handholding from the Court. The parties should arrange and conduct any prospective orientation sessions authorized by Article 21 of the CBA and ordered by the Arbitration Award in the same way and under the same procedures and timeline that they followed before this dispute about the orientation sessions arose on June 30, 2017.
The parties shall also work together to promptly
Though Noah's Ark's initial response to the Court's confirmation of the Arbitration Award is not beyond reproach, the Court does not find Noah's Ark in contempt and will not award any sanctions at this time.
IT IS SO ORDERED.