According to Employer, in order to begin work on the Belt Parkway project, Employee was subject to a drug test. Our commitment to quality work at every level is our benchmark standard of excellence and what makes every one of our projects a success. United States District Court, S.D. Union's motion for summary judgment is denied and Employer's motion for summary judgment is granted. Our Excellent Reputation and Quality Craftsmanship Speaks For Itself! World Umpires Ass'n follows the Steelworkers Trilogy1: "This dispute concerning the arbitrability of the WUA's purported grievance is governed by principles set forth by the Supreme Court in the Steelworkers Trilogy and its progeny. Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Third, in deciding whether the parties have agreed to submit a particular grievance to arbitration, a court is not to rule on the potential merits of the underlying claims." Union removed the matter to this Court pursuant to 28 U.S.C. It is this level of excellence that our clients have come to expect, and what differentiates our award winning projects and sets us apart from our competitors. Where a CBA contains the broadest of possible arbitration clauses, i.e., one submitting to arbitration disputes of any nature or character or any and all disputes not merely disputes arising under the CBA, all questions will be properly consigned to the arbitrator. Find 1 listings related to Granite Halmar Construction in Wappingers Falls on YP.com. Make a Skype call. See id. . Essentially, Employer assumes that Employee's termination was due to a refusal and moves forward with the legal determination whereas Union sees a question of fact that should go before an arbitrator in order to properly characterize the termination and then decide whether it is properly before an arbitrator. Find more Contractors near Granite Halmar Construction. The Halmar family is always looking for enthusiastic, motivated professionals to join our growing team. Regularly scheduled safety meetings help keep safety at the forefront of everyone’s mind. Spanning more than five decades of performance and integrity, a name with a proud legacy in the heavy civil construction market. This Court is concerned with § 42(F) of the CBA, not the general arbitration clause. The problem is that Employer's argument makes an important and erroneous assumption: Union has not conceded that Employee refused to take a drug test. this would be replaced by the company logo. Halmar International is an equal opportunity employer. Find more Contractors near Granite Halmar Construction. The term "refusal" is not defined in the CBA. § 1441(b). Our priority is to attract, retain and develop the talent that will keep our company moving forward. All rights reserved. Risking life and limb for fortune, tens of thousands of wildcatters flooded California bringing on the great Gold Rush during the mid-1800s. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. These principles are: 
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- RESPONSIVENESS. Both parties submit that public policy strongly favors arbitration in the context of federal labor law. Employer, however, argues that this underlying grievance is not subject to arbitration. Shrub Oak July 15, 2020 | Same day services trusted by 53,997+ homeowners for the last 19.75 years. Claim your business to immediately update business information, track page views, and more! Granite Halmar Construction. For more information go to www.graniteconstruction.com For maps and directions to Granite Halmar Construction view the map to the right. September 13, 2020 Get instant expert advice from Granite Halmar Construction Mt Vernon because we are located at the address 160 W Lincoln Ave New-York 10550 in Westchester county and we are listed in the category Excavating Contractors Near Me Home Improvement and … New York.https://leagle.com/images/logo.png. Employer and Union are parties to a Collective Bargaining Agreement ("CBA"). They expanded from landscaping and small pavement projects in the 60’s into small private and public sector projects in the 1970’s. JS Concrete will provide you with our professional crew and services for any job big or small. This attack is unfounded. If the only decision to be made is whether Employee's refusal to take a drug test constituted a termination under § 42(F) of the CBA, then the Court's decision would be clear and simple. Your trust is our top concern, so businesses can't pay to alter or remove their reviews. Structurae Version 7.0 - © 1998-2020 Nicolas Janberg. Granite Construction Company’s foundations lie in the lure and promise of the Wild West during the 1800s. 3700 Barger St Shrub Oak US, New-York 10588. Union deems Employer's attempt to stay arbitration proceedings as unjustified and, therefore, requests attorney's fees. The status of this company is currently not known to Structurae. Union maintains that the discharge arbitration clause "is not so limited, as it expressly applies to any dispute `in connection' with a discharge." I had a really bad experience with a contractor in Manhattan a few years ago and was really wary of hiring one to do a gut renovation of my bathroom. Yelp is a fun and easy way to find, recommend and talk about what’s great and not so great in Brooklyn and beyond. VIEW OUR SERVICES . Some employees of Employer, including the employee at issue in the instant case, are members of the Building Material Teamsters Local … Combining years of experience with a dedication to client satisfaction, All Phase Construction II, LLC has established itself as the local leader in General Contractor, Commercial Construction and Home Remodeling Contractor. Your trust is our top concern, so businesses can't pay to alter or remove their reviews. Employer has not acted unjustifiably nor was its claim frivolous. Union even concedes that "if [Employee] did refuse to take a drug test, he would be subject to automatic discharge."

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