The opinion of the court was delivered by: McCURN, Chief Judge.
MEMORANDUM-DECISION AND ORDER
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.
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
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
If not, what shall the remedy be?
See Amended Petition, Exhibit "B".
The arbitrator rendered a written decision dated June 15, 1988,
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
Ann Russo is to be made whole for all lost wages
from March 27, 1988 less any income from any other