Preview
ELECTRONICALLY FILED
1 DAVID A. ROSENFELD, Bar NO. 58163 SUPERIOR COURT OF CALIFORNIA
WEINBERG, ROGER & ROSENFELD COUNTY OF SAN BERNARDINO
2 A Professional Corporation SAN BERNARDINO DISTRICT
1375 55th Street
CA94608
“12/2024 7-41
_
PM
3 Emeryville,
Telephone: (510) 337-1001 By: Michelle Gomez-Casiuas, DEPUTY
4 Fax: (510) 337-1023
E-Mail: courtnotices@unioncounsel.net
5 drosenfeld@unioncounsel.net
6 JOSEPH T. ADAMIAK, Bar N0. 339721
WEINBERG, ROGER & ROSENFELD
7 A Professional Corporation
800 Wilshire Boulevard, Suite 1020
8 Los Angeles, California 90017
Telephone (213) 380-2344
9 Fax (213) 443-5098
E-Mail: courtnotices@unioncounsel.net
10 jadamiak@uni0ncounsel.net
11 INTERNATIONAL ASSOCIATION OF
Attorneys for Petitioner
MACHINISTS AND AEROSPACE WORKERS, DISTRICT
12 LODGE 725
1 3 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 IN AND FOR THE COUNTY OF SAN BERNARDINO
CIVSBZ402779
1 5 INTERNATIONAL ASSOCIATION OF Case N0. TBD
MACHINISTS AND AEROSPACE
16 WORKERS, DISTRICT LODGE 725, PETITION TO CONFIRM
ARBITRATION AWARD (CCP 1285 ET
1 7 Petitioner, SEQ.)
1 8 V
1 9
TALON TECHNICAL SERVICES, LLC,
20
Respondent.
21
22 Pursuant t0 Code 0f Civil Procedure section 1285, et seq., International Association 0f
23 Machinists and Aerospace Workers, District Lodge 725 (“Uni0n” 0r “Petitioner”) hereby
24 petitions this court for an order confirming the Arbitration Award issued by Arbitrator Robert
25 Bergeson dated August 1, 2023. This award was issued because 0f a binding arbitration provision
26 under the collective bargaining agreement between the Union and Talon Technical Services, LLC
27 (“Employer” or “Respondent”).
28 1. Petitioner Union is a labor organization doing business in the State 0f California,
WEINBERG, ROGER & l
ROSENFELD
Apmfessionalcmoranon PETITION TO CONFIRM ARBITRATION AWARD
Emeryirizesjtsatfirirfi394sos
(510)3374001
case NO. TBD
1 and is a voluntary, unincorporated association existing under and pursuant t0 the laws 0f the State
2 of California. Petitioner is comprised 0f affiliated Local Unions, 0r “Lodges,” including Local
3 Lodge N0. 25, all 0f which d0 business in the State 0f California. Petitioner exists in part t0
4 provide standards 0f wages, hours, and working conditions, and t0 negotiate and execute
5 collective bargaining agreements 0n behalf 0f employees in an appropriate collective bargaining
6 unit.
7 2. At all times material hereto, Employer and Union have been and are parties t0 a
8 collective bargaining agreement in effect from August 1, 2021, through July 31, 2024 (“CBA”),
9 providing for wages, hours, and other working conditions 0f employment for employees 0f
10 Respondent employed at the Fort Irwin National Training Center. A true and correct copy 0f the
11 CBA is attached as Exhibit 1. Article 10 0f the CBA, which is found at pages 14—17, contains
12 procedures for processing and resolving grievances, the final step 0f which is submitting the
13 grievance t0 an impartial arbitrator. Section 10.05.03 0n page 16 provides that the “award 0f the
14 arbitrator shall be final and binding 0n the Company and the Union and the affected
15 employee(s).”
16 3. Pursuant t0 the grievance procedure, the Union filed a grievance over the
17 Employer’s termination 0f bargaining unit employee Shawn Smith (“ML Smith”). After the prior
18 steps 0f the grievance procedure were met 0r waived, the dispute proceeded t0 final and binding
1 9 arbitration.
20 4. A hearing 0n the grievance was conducted 0n June 13, 2023 before Arbitrator
21 Robert Bergeson. At the hearing, the parties were permitted t0 submit evidence, testimony, and
22 argument.
23 5. Arbitrator Bergeson issued an opinion and award dated August 1, 2023 (“Award”),
24 a copy 0f which is attached hereto as Exhibit 2. He correctly determined that the Employer
25 violated the parties’ CBA when it terminated Mr. Smith without just cause. The Award ordered
26 0n page 5:
27 1. At the earliest possible time, Grievant Shawn Smith is t0 be
reinstated t0 a tactical vehicle mechanic position at Ft. [I]rwin
28 National Training Center.
WEINBERG, ROGER & 2
Aprfigiiiifil’m PETITION T0 CONFIRM ARBITRATION AWARD
Emeryirizesjtsatfirirtfi394sos
(510) 3374001
case NO. TBD
Preview
ELECTRONICALLY FILED 1 DAVID A. ROSENFELD, Bar NO. 58163 SUPERIOR COURT OF CALIFORNIA WEINBERG, ROGER & ROSENFELD COUNTY OF SAN BERNARDINO 2 A Professional Corporation SAN BERNARDINO DISTRICT 1375 55th Street CA94608 “12/2024 7-41 _ PM 3 Emeryville, Telephone: (510) 337-1001 By: Michelle Gomez-Casiuas, DEPUTY 4 Fax: (510) 337-1023 E-Mail: courtnotices@unioncounsel.net 5 drosenfeld@unioncounsel.net 6 JOSEPH T. ADAMIAK, Bar N0. 339721 WEINBERG, ROGER & ROSENFELD 7 A Professional Corporation 800 Wilshire Boulevard, Suite 1020 8 Los Angeles, California 90017 Telephone (213) 380-2344 9 Fax (213) 443-5098 E-Mail: courtnotices@unioncounsel.net 10 jadamiak@uni0ncounsel.net 11 INTERNATIONAL ASSOCIATION OF Attorneys for Petitioner MACHINISTS AND AEROSPACE WORKERS, DISTRICT 12 LODGE 725 1 3 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 IN AND FOR THE COUNTY OF SAN BERNARDINO CIVSBZ402779 1 5 INTERNATIONAL ASSOCIATION OF Case N0. TBD MACHINISTS AND AEROSPACE 16 WORKERS, DISTRICT LODGE 725, PETITION TO CONFIRM ARBITRATION AWARD (CCP 1285 ET 1 7 Petitioner, SEQ.) 1 8 V 1 9 TALON TECHNICAL SERVICES, LLC, 20 Respondent. 21 22 Pursuant t0 Code 0f Civil Procedure section 1285, et seq., International Association 0f 23 Machinists and Aerospace Workers, District Lodge 725 (“Uni0n” 0r “Petitioner”) hereby 24 petitions this court for an order confirming the Arbitration Award issued by Arbitrator Robert 25 Bergeson dated August 1, 2023. This award was issued because 0f a binding arbitration provision 26 under the collective bargaining agreement between the Union and Talon Technical Services, LLC 27 (“Employer” or “Respondent”). 28 1. Petitioner Union is a labor organization doing business in the State 0f California, WEINBERG, ROGER & l ROSENFELD Apmfessionalcmoranon PETITION TO CONFIRM ARBITRATION AWARD Emeryirizesjtsatfirirfi394sos (510)3374001 case NO. TBD 1 and is a voluntary, unincorporated association existing under and pursuant t0 the laws 0f the State 2 of California. Petitioner is comprised 0f affiliated Local Unions, 0r “Lodges,” including Local 3 Lodge N0. 25, all 0f which d0 business in the State 0f California. Petitioner exists in part t0 4 provide standards 0f wages, hours, and working conditions, and t0 negotiate and execute 5 collective bargaining agreements 0n behalf 0f employees in an appropriate collective bargaining 6 unit. 7 2. At all times material hereto, Employer and Union have been and are parties t0 a 8 collective bargaining agreement in effect from August 1, 2021, through July 31, 2024 (“CBA”), 9 providing for wages, hours, and other working conditions 0f employment for employees 0f 10 Respondent employed at the Fort Irwin National Training Center. A true and correct copy 0f the 11 CBA is attached as Exhibit 1. Article 10 0f the CBA, which is found at pages 14—17, contains 12 procedures for processing and resolving grievances, the final step 0f which is submitting the 13 grievance t0 an impartial arbitrator. Section 10.05.03 0n page 16 provides that the “award 0f the 14 arbitrator shall be final and binding 0n the Company and the Union and the affected 15 employee(s).” 16 3. Pursuant t0 the grievance procedure, the Union filed a grievance over the 17 Employer’s termination 0f bargaining unit employee Shawn Smith (“ML Smith”). After the prior 18 steps 0f the grievance procedure were met 0r waived, the dispute proceeded t0 final and binding 1 9 arbitration. 20 4. A hearing 0n the grievance was conducted 0n June 13, 2023 before Arbitrator 21 Robert Bergeson. At the hearing, the parties were permitted t0 submit evidence, testimony, and 22 argument. 23 5. Arbitrator Bergeson issued an opinion and award dated August 1, 2023 (“Award”), 24 a copy 0f which is attached hereto as Exhibit 2. He correctly determined that the Employer 25 violated the parties’ CBA when it terminated Mr. Smith without just cause. The Award ordered 26 0n page 5: 27 1. At the earliest possible time, Grievant Shawn Smith is t0 be reinstated t0 a tactical vehicle mechanic position at Ft. [I]rwin 28 National Training Center. WEINBERG, ROGER & 2 Aprfigiiiifil’m PETITION T0 CONFIRM ARBITRATION AWARD Emeryirizesjtsatfirirtfi394sos (510) 3374001 case NO. TBD