The Third Circuit affirmed a lower court's ruling against a contractor challenging an arbitrator's authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff ("Nolt") signed a Project Labor Agreement ("PLA") for a construction project that required it to hire union employees, but permitted it to hire non-union employees in certain circumstances. The PLA also required Nolt to contribute to employee benefit funds "on behalf of all employees covered by" it. The PLA contained a provision with an exclusive grievance and arbitration procedure for disputes between the parties, which included certain pre-arbitration "meet and confer" requirements and time limits, the failure to comply with which rendered any grievances null and void.
In a dispute over whether Nolt was required to contribute to union employee benefit funds on behalf of its non-union employees, who would not benefit from the funds, an arbitrator interpreted the plain language of the PLA to require contributions for "all employees covered" by the PLA and ordered payment of $492,000 in delinquent contributions. Nolt moved to vacate the arbitration award on the grounds that the arbitrator lacked jurisdiction and that the award violated public policy and other relevant wage laws.
The Third Circuit, noting the limited role of courts in reviewing arbitration awards, affirmed the award based on a finding of arbitral jurisdiction and lack of sufficient conflict with a cognizable public policy. The court found that Nolt's argument claiming the union failed to comply with the PLA's procedural requirements was a question of "procedural arbitrability" that was appropriately left to the arbitrator, rather than one of "substantive arbitrability" that would be appropriate for judicial resolution. The court also rejected Nolt's claim that the award conflicted with public policy by forcing it to essentially pay twice, first to the union employee benefit fund and second via its obligations under applicable wage laws. Nolt failed to identify any "explicit conflict with other 'laws and legal precedents'," and, instead, relied on a non-cognizable "general interest in fairness and equal treatment" between union and non-union employers. The court deferred to the arbitrator's interpretation of the PLA as contract interpretation within his authority and affirmed despite recognizing Nolt's persuasive arguments that the award forced Nolt to pay an unfair price for its non-union employees.
D.A. Nolt, Inc. v. Local Union No. 30 United Union of Roofers, Waterproofers & Allied Workers, No. 15-3697 (3d Cir. Sept. 23, 2016).
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