Burns Int'l Sec. Servs., Inc. v. Int'l Union, 47 F.3d 14 (2d Cir. 1995). · Go Syfert
Burns Int'l Sec. Servs., Inc. v. Int'l Union, 47 F.3d 14 (2d Cir. 1995). Cases Citing This Book View Copy Cite
222 citation events (184 in the last 25 years) across 22 distinct courts.
Strongest positive: Chelsea Grand, LLC v. New York Hotel and Motel Trades Council, AFL-CIO (ca2, 2018-04-03)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Chelsea Grand, LLC v. New York Hotel and Motel Trades Council, AFL-CIO (3×) also: Cited as authority (rule)
2d Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
he reservation of jurisdiction over a detail like overseeing the precise amount of back pay owed does not affect the finality of an arbitrator's award.
discussed Cited as authority (quoted) Tremcorp Holdings, Inc. v. Harris
virginislands · 2017 · quote attribution · 1 verbatim quote · confidence low
he reservation of jurisdiction over a detail like overseeing the precise amount of back pay owed does not affect the finality of an arbitrator's award.
cited Cited as authority (rule) Nandram Bahadur v. Lee Dudek, Acting Commissioner of Social Security
E.D.N.Y · 2026 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir. 1995).
cited Cited as authority (rule) Taina Sanchez v. Commissioner of Social Security
E.D.N.Y · 2026 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers, 47 F.3d 14, 16 (2d Cir. 1995).
cited Cited as authority (rule) Next Millennium Realty LLC v. Utility Manufacturing Co., Inc.
E.D.N.Y · 2025 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers of America (UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995) (per curiam).
cited Cited as authority (rule) New York Hotel and Gaming Trades Council, AFL-CIO v. 123 Washington LLC
S.D.N.Y. · 2025 · confidence medium
(UPGWA) and Its Loc. 537, 47 F.3d 14, 16 (2d Cir. 1995)).
cited Cited as authority (rule) Coles v. Commissioner of Social Security
E.D.N.Y · 2025 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995).
cited Cited as authority (rule) New York Hotel and Gaming Trades Council, AFL-CIO v. Luxurban Hotels, Inc.
S.D.N.Y. · 2025 · confidence medium
(UPGWA) & Its Loc. 537, 47 F.3d 14, 17 (2d Cir. 1995); accord Chelsea Grand, LLC v. N.Y.
discussed Cited as authority (rule) Neville, Rodie and Shaw, Inc. v. Legard
2d Cir. · 2025 · confidence medium
“Judgment on the pleadings is appropriate if, from the pleadings, the moving party is entitled to judgment as a matter of law.” Burns Int’l Security Servs., Inc. v. Int’l Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir. 1995) (citing Fed.
cited Cited as authority (rule) Fallanca v. O'Malley
S.D.N.Y. · 2025 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995)); see also Fed.
discussed Cited as authority (rule) Mancini v. UBS AG, New York Branch
S.D.N.Y. · 2024 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995) (per curiam). “[W]here the material facts are undisputed, the Court may decide as a matter of law that the [defendant’s] actions were commercially reasonable.” Leigh Co. v. Bank of New York, 617 F. Supp. 147, 153 (S.D.N.Y. 1985) (internal citations omitted).
cited Cited as authority (rule) Protentis v. Commissioner of Social Security
E.D.N.Y · 2024 · confidence medium
(UPGWA) and its Local 537, 47 F.3d 14, 16 (2d Cir. 1995).
cited Cited as authority (rule) Gray v. Gomez
E.D.N.Y · 2024 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995); Juster Assocs. v. Rutland, 901 F.2d 266 , 269 (2d Cir. 1990).
cited Cited as authority (rule) Salehian v. Nevada State Treasurer
D. Nev. · 2022 · confidence medium
“The working environment 13 must both subjectively and objectively be perceived as abusive.” Fuller v. City of Oakland, 47 F.3d 14 1522, 1527 (9th Cir. 1995) (citing Harris, 510 U.S. at 21–22).
cited Cited as authority (rule) Reppert v. Martinez Santiago
N.D.N.Y. · 2022 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995)).
cited Cited as authority (rule) Golub v. Berdon LLP
S.D.N.Y. · 2022 · confidence medium
Servs., Inc. v. Int'l Union, United Plant Guard Workers, 47 F.3d 14, 16 (2d Cir. 1995) (per curiam).
discussed Cited as authority (rule) Pearlstein v. Blackberry Limited
S.D.N.Y. · 2022 · confidence medium
Sec, Servs., Inc. v, Int'l Union, United Plant Guard Workers, 47 F.3d 14, 16 (2d Cir. 1995), The standard for addressing a motion for judgment on the pleadings pursuant to Rule 12(c) is the same as the standard used in evaluating a motion to dismiss under Rule 12(b)(6).
cited Cited as authority (rule) Catalano v. MarineMax
E.D.N.Y · 2022 · confidence medium
(UPGWA) & Its Loc. 537, 47 F.3d 14, 16 (2d Cir. 1995)).
cited Cited as authority (rule) St. George Hotel Associates, LLC v. Affiliated FM Insurance Company
E.D.N.Y · 2021 · confidence medium
(UPGWA) & Its Loc. 537, 47 F.3d 14, 16 (2d Cir. 1995)).
cited Cited as authority (rule) Baum v. Harman International Industries, Incorporated
D. Conn. · 2021 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir. 1995).
cited Cited as authority (rule) Davis v. Commissioner of Social Security
S.D.N.Y. · 2021 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers of Am., Local 537, 47 F.3d 14, 16 (2d Cir. 1995) (citing Fed.
cited Cited as authority (rule) Starbucks Corporation v. New WTC Retail Owner LLC
S.D.N.Y. · 2021 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir. 1995)).
cited Cited as authority (rule) Bascunan v. Elsaca
S.D.N.Y. · 2021 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995).
cited Cited as authority (rule) Montgomery v. Saul
S.D.N.Y. · 2021 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers of Am., Local 537, 47 F.3d 14, 16 (2d Cir. 1995) (citing Fed.
cited Cited as authority (rule) Mena obo CM v. Commissioner of Social Security
S.D.N.Y. · 2021 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers of Am. & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995) (per curiam).
cited Cited as authority (rule) Jacobson v. Berryhill
S.D.N.Y. · 2020 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers of Am. & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995) (per curiam).
cited Cited as authority (rule) Johnson v. Nextel Communications Inc.
S.D.N.Y. · 2020 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995).
cited Cited as authority (rule) Laydon v. Mizuho Bank, Ltd.
S.D.N.Y. · 2020 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995).
cited Cited as authority (rule) Building Material Teamsters Local 282, I.B.T. v. Cuenca Coronel Trucking, Inc.
S.D.N.Y. · 2020 · confidence medium
Servs., 47 F.3d at 17; Trs. of the Northeast Carpenters Health, Pension, Annuity, Apprenticeship, and Labor Mgmt.
cited Cited as authority (rule) Brown v. Netflix, Inc.
S.D.N.Y. · 2020 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995) (per curiam). he Court accepts as true the pleadings’ factual allegations and draws all reasonable inferences in the non-movant’s favor.
cited Cited as authority (rule) Security Alarm Financing Enterprises, L.P. v. Citizens Bank, N.A.
S.D.N.Y. · 2020 · confidence medium
Serv’s, Inc. v. Int'l Union, United Plant Guard Workers, 47 F.3d 14, 16 (2d Cir. 1995).
cited Cited as authority (rule) Islam v. Morgans Hotel Group Management LLC
S.D.N.Y. · 2019 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995).
discussed Cited as authority (rule) JLNW, Inc. v. National Retirement Fund
S.D.N.Y. · 2019 · confidence medium
LEGAL STANDARDS A. Motion for Judgment on the Pleadings “Judgment on the pleadings is appropriate if, from the pleadings, the moving party is entitled to judgment as a matter of law.” Burns Int’l Security Services, Inc. v. Int’l Union, United Plant Guard Workers, 47 F.3d 14, 16 (2d Cir. 1995).
discussed Cited as authority (rule) The National Retirement Fund v. JLNW, Inc.
S.D.N.Y. · 2019 · confidence medium
LEGAL STANDARDS A. Motion for Judgment on the Pleadings “Judgment on the pleadings is appropriate if, from the pleadings, the moving party is entitled to judgment as a matter of law.” Burns Int’l Security Services, Inc. v. Int’l Union, United Plant Guard Workers, 47 F.3d 14, 16 (2d Cir. 1995).
cited Cited as authority (rule) Thyssenkrupp Materials NA, Inc. v. M/V Kacey
S.D.N.Y. · 2017 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir. 1995) (per curiam).
discussed Cited as authority (rule) National Football League Management Council v. National Football League Players Ass'n (2×)
2d Cir. · 2016 · confidence medium
(UP-GWA) & Its Local 537, 47 F.3d 14, 17 (2d Cir.1995) (“/!// a ground for the arbitrator’s decision can be inferred from the facts of the case, the award should be confirmed.)” (quoting Sobel v. Hertz, Warner & Co., 469 F.2d 1211, 1216 (2d Cir.1972)) (emphasis added).
discussed Cited as authority (rule) Kalyanaram v. American Ass'n of University Professors at the New York Institute of Technology, Inc.
2d Cir. · 2014 · confidence medium
(UPGWA) & Its Local 537, 47 F.3d 14, 16 (2d Cir.1995) (per curiam) (“[Reservation of jurisdiction over a detail like overseeing the precise amount of back pay owed does not affect the finality of an arbitrator’s award.”).
cited Cited as authority (rule) U.s. Bank National Ass'n v. Black Diamond CLO 2005-1 Adviser, L.L.C.
S.D.N.Y. · 2011 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers of America, 47 F.3d 14, 16 (2d Cir.1995).
cited Cited as authority (rule) Citibank, N.A. v. Morgan Stanley & Co. International
S.D.N.Y. · 2010 · confidence medium
Servs. v. International Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir.1994); Carballo ex rel.
cited Cited as authority (rule) Citibank, N.A. v. Morgan Stanley & Co. International
S.D.N.Y. · 2010 · confidence medium
Servs. v. International Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir.1995); Carballo ex rel.
cited Cited as authority (rule) Consolidated Rail Corporation v. Ray
D.D.C. · 2010 · confidence medium
Servs., 47 F.3d at 16 (holding that a Rule 12(c) motion should be granted when the movant is “entitled to judgment as a matter of law”).
cited Cited as authority (rule) VCG Special Opportunities Master Fund Ltd. v. Citibank, N.A.
S.D.N.Y. · 2008 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir.1995).
cited Cited as authority (rule) Telesca v. Long Island Housing Partnership, Inc.
E.D.N.Y · 2006 · confidence medium
Serv., Inc. v. Int’l Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir.1995).
cited Cited as authority (rule) Rolon v. Henneman
S.D.N.Y. · 2006 · confidence medium
Serv., Inc. v. Int’l Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir.1995).
cited Cited as authority (rule) New York City District Council of Carpenters Pension Fund v. Dafna Construction Co.
S.D.N.Y. · 2006 · confidence medium
(UP-GWA) and Its Local 537, 47 F.3d 14, 16 (2d Cir.1995) (citing United Auto., Aerospace & Agric.
cited Cited as authority (rule) Rolon v. Henneman
S.D.N.Y. · 2005 · confidence medium
Serv., Inc. v. Int’l Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir.1995).
cited Cited as authority (rule) Williams v. Dow Chemical Co.
S.D.N.Y. · 2003 · confidence medium
Servs., Inc. v. Int’l Union, United Plant Guard Workers, 47 F.3d 14, 16 (2d Cir.1995).
cited Cited as authority (rule) Winokur v. Office of Court Administration
E.D.N.Y · 2002 · confidence medium
Serv., Inc. v. Int’l Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir.1995).
cited Cited as authority (rule) City and County of Denver v. Qwest Corp.
Colo. · 2001 · confidence medium
Inc. v. Int'l Union, UPGWA, 47 F.3d 14, 16 (2d Cir.1995); see also Tripp v. Parga, 847 P.2d 165 (Colo.App.1992); 5A Charles Alan Wright & Arthur R.
cited Cited as authority (rule) Freedman v. Freedman
E.D.N.Y · 2000 · confidence medium
Servs. v. International Union, United Plant Guard Workers of Am., 47 F.3d 14, 16 (2d Cir.1995); Walker v. City of New York, 974 F.2d 293, 298 (2d Cir.1992).
Retrieving the full opinion text from the archive…
Burns International Security Services, Inc., Plaintiff-Counter-Defendant-Appellant
v.
International Union, United Plant Guard Workers of America (Upgwa) and Its Local 537, Defendant-Counter-Claimant-Appellee
415.
Court of Appeals for the Second Circuit.
Feb 7, 1995.
47 F.3d 14

47 F.3d 14

129 Lab.Cas. P 11,275

BURNS INTERNATIONAL SECURITY SERVICES, INC.,
Plaintiff-Counter-Defendant-Appellant,
v.
INTERNATIONAL UNION, UNITED PLANT GUARD WORKERS OF AMERICA
(UPGWA) AND ITS LOCAL 537,
Defendant-Counter-Claimant-Appellee.

No. 415, Docket 94-7001.

United States Court of Appeals,
Second Circuit.

Argued Oct. 27, 1994.
Decided Nov. 14, 1994.
Opinion Filed Feb. 7, 1995.

Stewart J. Katz, Keller, Thoma, Schwarze, Schwarze, DuBay & Katz, P.C., Detroit, MI, for appellant.

Scott A. Brooks, Gregory, Moore, Jeakle, Heinen, Ellison & Brooks, P.C., Detroit, MI (Lisa S. Lane, of counsel); Gregg D. Adler, Gould, Livingston, Adler and Pulda, Hartford, CT, for appellee.

Before: VAN GRAAFEILAND, McLAUGHLIN, and LEVAL, Circuit Judges.

PER CURIAM:

[*~14]1

Burns International Security Services ("Burns") provides security workers to Northeast Utilities' Millstone Nuclear Power Plant, located in Waterford, Connecticut. Pursuant to a collective bargaining agreement between Burns and the United Plant Guard Workers of America, Local 537 (the "Union"), the Union represents the security employees. The agreement requires that Burns have "just cause" before discharging a Union employee, and calls for arbitration of any disputes that cannot be resolved internally. Northeast Utilities is not a party to the collective bargaining agreement; its plant is merely the work site for the Burns employees. Northeast Utilities does, however, determine who has access to its plant.

2

Burns employed Jonathan Gomez, a member of the Union, as a security officer at the Millstone site. Burns suspended Gomez on March 21, 1990 following an incident of suspected theft at Millstone. Although Burns' investigation into the incident was inconclusive, Northeast Utilities rescinded Gomez's clearance. Five months later, Burns fired Gomez. The Union brought a grievance on behalf of Gomez, and the matter proceeded to arbitration.

3

Arbitrator Michael Stutz heard the case. He issued his award on May 15, 1992:

4

1) The Company violated the provisions of the collective bargaining agreement by its August 15, 1990 removal of Jonathan Gomez from the payroll of the Company.

5

2) As remedy, the Company shall reinstate Jonathan Gomez to the payroll with full back pay and other benefits under the Contract, minus interim earnings, plus interest at the legal rate. The grievant shall take reasonable steps to minimize the costs of this award to the Company by continuing, or seeking, interim employment, and/or accepting a reasonable offer of employment by the Company.

6

3) At the Union's request, the undersigned arbitrator hereby retains jurisdiction over the implementation of the remedy for a period of 90 days.

7

Burns never reinstated Gomez. Instead, on August 12, 1992, it filed a petition in the United States District Court for the District of Connecticut (Dorsey, Judge ) to vacate the arbitration award. The district court granted the Union judgment on the pleadings under Fed.R.Civ.P. 12(c) and summary judgment on its counterclaim to enforce the arbitration award. Burns appeals.

8

(1) Timeliness of Burns' petition

9

Judgment on the pleadings is appropriate if, from the pleadings, the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 12(c); see George C. Frey Ready-Mixed Concrete, Inc. v. Pine Hill Concrete Mix Corp., 554 F.2d 551, 553 n. 2 (1977).

10

Section 301(a) of the Labor Management Relations Act, 29 U.S.C. Sec. 185, provides subject matter jurisdiction for an action to vacate an arbitration award. See Harry Hoffman Printing, Inc. v. Graphic Communications, International Union, Local 261, 912 F.2d 608, 610-13 (2d Cir.1990). Since Sec. 301 does not specify a statute of limitations for commencing an action to vacate an arbitration award, the relevant state statute is borrowed. United Automobile, Aerospace & Agricultural Implement Workers v. Hoosier Cardinal Corp., 383 U.S. 696, 704-05, 86 S.Ct. 1107, 1112-13, 16 L.Ed.2d 192 (1966); Harry Hoffman Printing, 912 F.2d at 612-13. The Connecticut Arbitration Act establishes a thirty-day statute of limitations on motions to vacate an arbitration award. Conn.Gen.Stat. Sec. 52-420(b).

11

The arbitrator in this case issued his award on May 15, 1992. Burns received it on or about May 18, 1992. Since Burns did not file its petition to vacate the award until August 12, 1992, Burns was well beyond the thirty-day statute of limitations, and Judge Dorsey properly dismissed the petition under Fed.R.Civ.P. 12(c).

[*14]12

Burns contends that, even assuming the 30 day statute of limitations applies, its petition was timely filed because the arbitrator retained jurisdiction "over the implementation of the remedy" for 90 days and thus the award was not final until the 90 day period expired. We agree with the Seventh Circuit that the reservation of jurisdiction over a detail like overseeing the precise amount of back pay owed does not affect the finality of an arbitrator's award. See Dreis & Krump Mfg. Co. v. IAM District No. 8, 802 F.2d 247, 250 (7th Cir.1986). Accordingly, it does not extend the time to appeal.(2) Enforcement of the award

13

Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). Furthermore, judicial review of an arbitration award is extremely limited. To withstand judicial scrutiny, the award must "draw[ ] its essence from the collective bargaining agreement," United Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593, 597, 80 S.Ct. 1358, 1361, 4 L.Ed.2d 1424 (1960), and the arbitrator need only explain his reasoning "in terms that offer even a barely colorable justification for the outcome reached." Andros Compania Maritima, S.A. v. Marc Rich & Co., 579 F.2d 691, 704 (2d Cir.1978). "[I]f a ground for the arbitrator's decision can be inferred from the facts of the case, the award should be confirmed." Sobel v. Hertz, Warner & Co., 469 F.2d 1211, 1216 (2d Cir.1972).

[*~15]14

The arbitrator in this case determined that Burns violated the terms of the collective bargaining agreement when it fired Gomez. He properly grounded his decision in an interpretation of the terms of the bargaining agreement, including the "just cause" provision and the "lack of work" provision. See Burns International Security Services, Inc. v. International Union, United Plant Guard Workers of America (UPGWA) and its Local No. 537, Federal Mediation and Conciliation Services Opinion and Award No. 90-02933 (May 15, 1992) (Stutz, Arb.). Having contracted with the Union to resolve disputes through a mutually-acceptable, neutral arbitrator, Burns is not entitled to have the arbitrator's decision overturned simply because the arbitrator did not adopt its interpretation of the contract. Accordingly, the district court did not err in enforcing the award.

[*~16]15

We have considered all of Burns' remaining arguments on appeal, and find them to be without merit. The decision of the district court is AFFIRMED.