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LOCAL 471 v. P. & J.G. ENTERPRISES

February 27, 1990

HOTEL, MOTEL & RESTAURANT EMPLOYEES & BARTENDERS UNION, LOCAL 471, AFL-CIO, PETITIONER,
v.
P. & J.G. ENTERPRISES, INC., D/B/A THE ALBANY THRUWAY HOUSE, RESPONDENT.



The opinion of the court was delivered by: McCURN, Chief Judge.

MEMORANDUM-DECISION AND ORDER

Introduction

The Hotel, Motel & Restaurant Employees & Bartenders Union, Local 471, AFL-CIO ("Union") petitions the court to confirm two arbitration awards, pursuant to a section of the United States Arbitration Act, 9 U.S.C. § 9, and Section 301 of the Labor Management Relations Act of 1947, as amended, 29 U.S.C. § 185.*fn1 The Union also seeks attorney's fees and costs.

Background

The Union is the collective bargaining representative for certain employees of the respondent, P. & J.G. Enterprises, Inc. d/b/a The Albany Thruway House. The Albany Thruway House is a motel, bar, and dining and banquet facility located in the City of Albany, New York.

The instant dispute arises out of respondent's discharge of two employees who were members of the collective bargaining unit represented by the Union. The Union claimed that the employees were improperly discharged, and requested that they be reinstated. The parties were unable to resolve the dispute through the grievance procedure prescribed by the collective bargaining agreement between the parties, so the dispute was submitted to binding arbitration pursuant to Article 16 of the agreement.*fn2

The first of two arbitration hearings was conducted on May 24, 1988, at which the parties submitted evidence and testimony in support of their positions. The issue framed for arbitrator Dolores N. Whalen by the parties was as follows:

    Was the discharge of Ann Russo and Mary O'Brien for
  just cause?

If not, what shall the remedy be?

See Amended Petition, Exhibit "B".

The arbitrator rendered a written decision dated June 15, 1988, which stated:

    Based upon the substantial credible evidence of the
  case as a whole, the discharge of Ann Russo and Mary
  O'Brien was not for just cause. The discharge of Mary
  O'Brien is hereby reduced to a one day suspension
  without pay. She is to be made whole for all lost
  wages from March 28, 1988 less any income from any
  other source.
    Ann Russo is to be made whole for all lost wages
  from March 27, 1988 less any income from any other
  source.
    Both grievants are to be returned to work as soon
  as practicable with all other

  contractual benefits intact, but ...

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