Roughneck Concrete Drilling & Sawing Co. v. Plumbers’ Pension Fund, Local 130, UA

In action by plaintiff-employer seeking reversal of arbitration board's order finding that plaintiff owed defendants-pension funds $3.3 million in delinquent contributions arising out of plaintiff's use of improper workers on work project that should have gone to workers associated with instant pension funds, Dist. Ct. erred in finding that plaintiff had waived any objection to arbitration board's jurisdiction to rule on delinquency question, and that plaintiff was bound by said board's order. While plaintiff had submitted arbitration request to instant arbitration board to resolve delinquency question, plaintiff had not waived objection to board's jurisdiction to resolve said question since plaintiff had essentially withdrawn said arbitration request when it also submitted same delinquency question to different arbitrator, who had earlier enjoined arbitration board from resolving delinquency dispute. Moreover, Ct. found that where, as here, record showed existence of inconsistent arbitration awards, appropriate remedy required that plaintiff and defendants submit matter to single arbitrator for new arbitration to resolve which category of worker should have done work at work site.