INTERN. UNION, UNITED AUTO., ETC. v. General Elec.
| Decision Date | 20 May 1982 |
| Docket Number | Civ. No. 81-2213. |
| Citation | 539 F. Supp. 520 |
| Court | U.S. District Court — Western District of Arkansas |
| Parties | INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE & AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW) and its Local No. 716, Plaintiffs, v. GENERAL ELECTRIC COMPANY, Defendant. |
Lynn-Marie Crider, Youngdahl & Larrison, Little Rock, Ark., for plaintiffs.
Edgar E. Bethell, Bethell, Callaway & Robertson, Fort Smith, Ark., for defendant.
This is an action brought by the International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW), against the General Electric Company under the provisions of Section 301 of the Labor Management Relations Act requesting an order requiring the defendant to arbitrate a grievance under the provisions of a Collective Bargaining Agreement entered into between the parties. The Court has jurisdiction of the case under the provisions of 28 U.S.C. § 1337.
In its complaint filed the Union alleged that the parties entered into a Collective Bargaining Agreement effective July 17, 1979 through July 16, 1982, and a copy of the agreement was attached as an exhibit to the complaint. It is alleged that the Collective Bargaining Agreement provided for arbitration of certain disputes with respect to the interpretation and application of the agreement to certain matters, including the application of Article X on seniority. It is alleged that on March 3, 1981, the Union filed a written grievance concerning the employer's failure to recall an employee, Atha Johnson. A copy of the grievance was attached as an exhibit to the complaint. It is claimed that the Manager of Plant Operations for the employer, by letter dated April 15, 1981, denied the grievance and that by letter dated May 12, 1981, the Union submitted a written demand for arbitration and that the defendant refused to arbitrate. The April 15, 1981, letter from the employer and the May 12, 1981, letter from the Union were attached as exhibits to the complaint. The complaint prays that the Court enter an order requiring the defendant to submit the grievance to arbitration.
The grievance, attached as Appendix No. 2 to the complaint, states, under "Nature of Grievance":
Atha Johnson was laid off as a `B' Machinist in the tool room W 21 in 1980. The Company said there wasn't any work for a `B' Machinist at that time. The Union disagreed with the Company at that time. Now there is work for a `B' Machinist being done in W 21 by toolmakers. Atha has more seniority than some of the employees that are now working in the tool room unit. Atha's seniority date is 8/25/66.
The portions of the Collective Bargaining Agreement covering arbitration are set forth primarily in Article XIV. Section 1 of the article provides, in pertinent part, as follows:
The employer answered the complaint, essentially denying all material allegations, and affirmatively pleading that the Collective Bargaining Agreement between the parties provided that certain matters concerning the application of Article X of the agreement are not subject to arbitration and that the subject matter of the grievance which was filed in behalf of the employee was excluded from arbitration by agreement of the parties.
The Union then filed a motion for summary judgment and a memorandum in support, alleging that there were no material facts in dispute and that the Court should enter an order requiring the employer to submit the grievance to arbitration. Subsequently, the employer undertook certain discovery, and after various motions to compel and other motions and responses relative to discovery, the Court permitted certain limited discovery which it felt went only to the issue of whether the parties had agreed to arbitrate the issue which was in dispute. After such limited discovery, the defendant then filed its motion for summary judgment and statement in support, also alleging that there was no material fact in dispute and asking that the Court find that it was not required to arbitrate the grievance that had been filed.
The Court has been blessed with excellent briefs submitted by the attorneys for both parties, and is now prepared to render its opinion which, although not technically required by Rule 52 of the Federal Rules of Civil Procedure, will include findings of fact and conclusions of law, separately stated.
1. The plaintiff, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, is a labor organization within the meaning of 29 U.S.C. § 152(5), and is the exclusive bargaining representative of a unit of employees at defendant's facility.
2. Local No. 716 is a labor organization within the meaning of 29 U.S.C. § 152(5) and is a creature of the International Union and has joint responsibility with the International in collective bargaining and contract administration at defendant's facility.
3. Defendant, General Electric Company, is a corporation operating a manufacturing business in the State of Arkansas and is an employer within the meaning of 29 U.S.C. § 152(2).
4. The International Union and its Local No. 716 and defendant, General Electric Company, entered into a Collective Bargaining Agreement effective July 17, 1979, through July 16, 1982, and Appendix No. 1 to the complaint filed in this matter is a true and correct copy of such Collective Bargaining Agreement.
5. That the Collective Bargaining Agreement provides for arbitration of certain disputes with respect to interpretation and application of the agreement, including certain of the disputes concerning application of Article X — Seniority, but the agreement specifically excludes "any issue pertaining or relating in any way to a determination, or the company's right to determine, that a lack of work situation exists."
6. On March 3, 1981, the Union filed a written grievance numbered 13484, concerning the employer's failure to recall its employee, Atha Johnson, and Appendix No. 2 to the complaint is a true and correct copy of such grievance.
7. The employer, through its Manager of Plant Operations, denied the grievance by letter dated April 15, 1981, and Appendix No. 3 to the complaint is a true and correct copy of such letter.
8. On May 12, 1981, the Union submitted a written demand for arbitration of the grievance, and Appendix No. 4 attached to the complaint is a true and correct copy of the letter making such written demand.
9. The employer refused to arbitrate the grievance, taking the position that it was not required to do so by the Collective Bargaining Agreement, and this lawsuit resulted.
As was pointed out above, each of the parties has filed a motion for summary judgment and statement in support, taking the position that there are no genuine issues of any material facts and that the Court should, as a matter of law, decide the question presented in this lawsuit. In its brief in support of its motion for summary judgment the Union correctly points out that, in a series of cases known as the "Steelworkers Trilogy," the United States Supreme Court has severely limited the power of lower federal courts in determining issues such as the one presented in this case. United Steelworkers v. American Manufacturing Co., 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403, United Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 80 S.Ct. 1347, 4 L.Ed.2d 1409, and United Steelworkers of America v. Enterprise Corp., 363 U.S. 593, 80 S.Ct. 1358, 4 L.Ed.2d 1424. In American Manufacturing Co., supra, 363 U.S. at 567-68, 80 S.Ct. at 1346, the Court stated:
The function of the court is very limited ... it is then confined to ascertaining whether the party seeking arbitration is making a claim which on its face is governed by the contract. Whether the moving party is right or wrong is a question of contract interpretation for the arbitrator.
In the Warrior case, supra, 363 U.S. at 581, 80 S.Ct. at 1352, the Court said:
An order to arbitrate a particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is...
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International Union, United Auto., Aerospace and Agr. Implement Workers of America (UAW) v. General Elec. Co.
...issue "clearly and unambiguously" is excluded from arbitration. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW) v. General Electric Co., 539 F.Supp. 520, 526 (W.D.Ark.1982). It is for the court, and not the arbitrator, to decide the issue ......