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MIC-RON GEN. CONTRS., INC. v. TRUSTEES OF THE NEW

December 21, 1995

MIC-RON GENERAL CONTRACTORS, INC., Petitioner, against TRUSTEES OF THE NEW YORK CITY DISTRICT COUNCIL OF CARPENTERS BENEFIT FUNDS, Respondent.


The opinion of the court was delivered by: CONNER

 Conner, Sr. D.J.:

 Petitioner Mic-Ron General Contractors, Inc. ("Mic-Ron") commenced the present action against respondent Trustees of the New York City District Council of Carpenters Funds ("Trustees"), seeking a declaratory judgment that it may not be compelled to enter binding arbitration initiated by the District Council of New York City and Vicinity of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO ("District Council") and respondent Trustees. Respondent Trustees have moved to dismiss and to compel arbitration. Mic-Ron opposes the Trustees' motion, and seeks a preliminary injunction staying arbitration pending this court's resolution of the arbitrability of this dispute. This court has jurisdiction pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 (1947).

 For the reasons discussed below, respondent Trustees' motion to dismiss and to compel arbitration is granted, Mic-Ron's petition for declaratory judgment enjoining arbitration is denied, and Mic-Ron's application for a preliminary injunction staying arbitration is denied as moot.

 BACKGROUND

 Mic-Ron has been signatory to a series of collective bargaining agreements with the District Council during times relevant to this case. *fn1" Pursuant to the Agreement, Mic-Ron is required to make fringe benefit contributions to the New York City District Council of Carpenters Funds (the "Funds") on behalf of the employees covered by the Agreement. Art. XV § 1.

 The Agreement contains the following relevant provisions:

 Objectives

 
To insure the peaceable adjustment and settlement of any and all grievances, disputes or differences that may arise between the parties . . .
 
Article XII
 
Section 1. All complaints, disputes and differences concerning the application, interpretation, effect, purpose or breach of any term or condition of this Agreement, or in the event there shall exist any claim, demand, dispute or controversy between the parties hereto, excluding the merits of jurisdictional dispute . . . the parties hereto shall first attempt to settle and adjust such dispute, claim, demand or controversy by negotiation.
 
Section 2. Any grievance not resolved shall be submitted to arbitration. . . . It is the intent of parties hereto that all disputes between them, both within and outside of the Agreement, shall be submitted to arbitration and that no defense to prevent the holding of the arbitration shall be permitted. . . .
 
Article XV
 
Section 1. Every Employer covered by this Agreement shall make contributions for each hour worked by all Employees covered by this Agreement and employed by said Employer within the territory of this Agreement in the amounts hereinafter specified. . . .
 
Section 2. The Employer and the Union acknowledge that they are represented by their duly designated Trustees to administer the various Fringe Benefit Trust Funds provided for in this contract. Because of the various liabilities and responsibilities placed upon all parties to this Agreement, including all contractors and union representatives and their respectively designated Trustees, each contractor hereby agrees that the Fringe Benefit Fund Trustees shall have the necessary powers to fulfill their fiduciary ...

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