JNESO, Dist. Council 1, IUOE, AFL-CIO v. Virtua Health, Inc.
| Decision Date | 21 October 2019 |
| Docket Number | Civil No. 19-09236 (RBK/JS) |
| Parties | JNESO, DISTRICT COUNCIL 1, IUOE, AFL-CIO Plaintiff, v. VIRTUA HEALTH, Inc. Defendants. |
| Court | U.S. District Court — District of New Jersey |
NOT FOR PUBLICATION
This matter comes before the Court on Plaintiff JNESO, District Council 1, IUOE, AFL-CIO's (the "Union") Motion to Confirm Arbitration Award (Doc. No. 2). Defendant Virtua Health, Inc. ("Virtua") asserts that the Union lacks standing to bring this action in the absence of any showing that Virtua is either disputing or violating the terms of the arbitration award. The Court concludes that there is no actual case or controversy between the parties, and consequently DENIES the Union's Motion and DISMISSES its Petition to Confirm Arbitration Award (Doc. No. 1).
This case arises from a dispute about scheduling paid time off ("PTO"). Virtua and the Union are parties to a collective bargaining agreement for a bargaining unit of registered nurses who are employed at several locations, including Virtua's hospital in Voorhees, New Jersey. (Doc. No. 5-1 at Ex. A ("CBA") at 56). Article 47.1.b.6 of the CBA provides that "[p]reviously approved vacation (PTO) for transfers may be honored by the new manager provided no bargaining unit member in the new unit has requested and been denied that specific time period off."
In March of 2018, Virtua closed the Observation Unit of its Voorhees hospital, which impacted ten nurses in the bargaining unit. (Doc. No. 1 at Ex. B ("Award") at 13). As a result of being transferred to new units, several of these nurses were required to adjust their previously scheduled PTO. (Id. at 13-15). The Union contended that Virtua's failure to honor previously approved PTO violated the CBA and brought a grievance action that proceeded to arbitration before Arbitrator Joseph Licata.
On March 25, 2019, Arbitrator Licata issued an Opinion and Award that sustained the Union's grievance but refused the Union's requested monetary relief. (Id. at 29-30). Instead, he entered a Cease and Desist Order barring Virtua from "violating Article 47.1.b.6 in the future." (Id. at 30).
On April 3, 2019, the Union filed a Petition to Confirm Arbitration Award and Order and Entry of Judgment (Doc. No. 1 ("Petition")) and a Motion to Confirm Arbitration Award (Doc. No. 2), to which it declined to affix a memorandum in support. Virtual filed its Opposition on April 22, 2019 (Doc. No. 5 ("Def. Brief"), to which the Union replied on April 26, 2019 (Doc. No. 6 ("Pl. Brief"). Virtual then filed a letter motion for leave to file a sur-reply (Doc. No. 7), which the Court denied (Doc. No. 8).
Virtua raises two distinct but parallel challenges to the Union's motion to confirm the arbitration award. First, Virtua asserts that the Labor Management Relations Act ("LMRA"), 29U.S.C. § 141 et seq., applies in this context, rather than the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq., and that the LMRA requires evidence of a violation of the arbitral award before judicial confirmation. Second, Virtua contends that the Union lacks Article III standing to seek confirmation of the Award at this time. (Def. Brief at 7). The Union counters that 9 U.S.C. § 9 unequivocally mandates summary confirmation of an unchallenged award. (Pl. Brief at 11). Virtua's first challenge fails, but the second ultimately carries the day.
Section 9 of the FAA specifies that "[i]f the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration" then the prevailing party may petition the court for confirmation of the award, "and thereupon the court must grant such an order unless the award is vacated, modified, or corrected." 9 U.S.C. § 9. Although the parties must agree that judgment shall be entered, "language that indicates the award will be final and binding implicitly permits Federal court intervention to compel compliance." Teamsters-Employer Local No. 945 Pension Fund v. Acme Sanitation Corp., 963 F. Supp. 340, 347 (D.N.J. Feb. 24, 1997); see also Kallen v. Dist. 1199 Nat'l Union of Hosp. & Health Care Emps., 574 F.2d 723, 726 (2d Cir. 1978). As Article 9.5 of the CBA provides that the arbitration award "shall be final and binding upon the parties," it implicitly authorizes the Court to confirm the award.
The FAA does not "create any independent federal-question jurisdiction under 28 U.S.C. § 1331 or otherwise." Moses H. Cone Mem'l Hosp. v. Mercury Constr. Corp., 460 U.S. 1, n. 32 (1983). However, Section 301 of the LMRA, 29 U.S.C. § 185, "grants this Court jurisdiction to confirm or vacate arbitration awards between a labor union and an employer." Indep. Lab. Emps.' Union, Inc. v ExxonMobil Research & Eng'g Co., Case No. 3:18-cv-10835, 2019 WL 3416897, at*4 (D.N.J. July 29, 2019) (citing Tube City IMS, LLC v. USW Int'l Union, Local 5851-19, 406 F. App'x 639 (3d Cir. 2011)). In this case, the Union properly brought this action to confirm an arbitration award between a labor union and an employer pursuant to the FAA and alleged that the LMRA provides subject-matter jurisdiction. (Petition at ¶¶ 1, 4).
Although the LMRA grants the Court subject-matter jurisdiction over this action, the FAA still applies. Virtua cites a great deal of caselaw from other circuits an effort to establish that "a petition to confirm an arbitration award rendered pursuant to a collective bargaining agreement is properly brought only under Section 301 of the [LMRA]." (Def. Brief at 7). "In this Circuit, however, the FAA applies to collective bargaining agreements." Teamsters Local 331 v. Phila. Coca-Cola Bottling Co., Civil Action No. 06-6156, 2007 WL 4554240, at *3 (D.N.J. Dec. 20, 2007) (citing Tenney Eng'g, Inc. v. United Elec. Radio & Machine Workers of Am., Local 437, 207 F.2d 450 (3d Cir. 1953)).
The FAA applies broadly, but exempts "contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce." 9 U.S.C. § 1 (defining "commerce"); 9 U.S.C. § 2 (). Despite its potentially expansive language, the exception is narrowly construed, as it "exempts from the FAA only contracts of employment of transportation workers." Circuit City Stores, Inc. v. Adams, 532 U.S. 105, 119 (2001). In the Third Circuit, this exemption extends to "workers who are actually engaged in the movement of interstate or foreign commerce or in work so closely related thereto as to be in practical effect part of it." Indep. Lab. Emps.' Union, 2019 WL 3416897, at *5 (citing Palcko v. Airborne Express, Inc., 372 F.3d 588, 593 (3d Cir. 2004)) (internal quotation marks omitted).
Virtua does not argue that the employees covered by the CBA fall within the exemption for transportation workers, nor is there any indication elsewhere in the record that they should. As such, this is an action pursuant to the FAA, not the LMRA.
The power of the federal judiciary to hear cases is limited to only those in which the plaintiff has constitutional standing. Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1547 (2016). To have constitutional standing, "[t]he plaintiff must have (1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision." Id. Further, "under the ripeness doctrine, federal courts will not decide a case where the claim involves contingent future events that may not occur as anticipated, or indeed may not occur at all." Teamsters Local Union No. 177 v. United Parcel Servs., Case No. 19-726 (KM)(MAH), 2019 WL 3985902, at *3 (D.N.J. Aug. 22, 2019) (quoting Jumara v. State Farm Ins. Co., 55 F.3d 873, 883 (3d Cir. 1995)) (internal quotation marks omitted). There are "two principal considerations for gauging ripeness including (1) 'the fitness of the issues for judicial decision' and (2) 'the hardship to the parties of withholding court consideration.'" Plains All Am. Pipeline L.P. v. Cook, 866 F.3d 534, 539 (3d Cir. 2017) (quoting Abbott Labs. v. Gardner, 387 U.S. 136 (1967), abrogated on other grounds by Califano v. Sanders, 430 U.S. 99 (1977)).
Virtua contends that the Union lacks standing to seek federal court confirmation of the arbitration award because Virtua does not dispute the award and has fully complied with it. (Def. Brief at 6-7, 11). Although Section 9 of the FAA appears to mandate federal courts to confirm arbitration awards without considering the parties' compliance, the FAA does not trump the Constitution. As such, the Court must consider whether Article III concerns prevent confirmation of the Award at this time.
Two factors govern whether a labor union has standing to seek confirmation of an arbitration award against an employer: "(1) whether there is an ongoing dispute over the terms or enforcement of the award; and (2) whether there is a realistic probability that the employer can wait out the limitations period and then violate the arbitration award when it is too late for the union to obtain judicial relief." Teamsters Local Union No. 177, 2019 WL 3985902, at *6 (synthesizing case law). Notably, these two factors are really just the canonical Abbott Laboratories factors for ripeness as applied to this factual context. If there is not an ongoing dispute over the terms or enforcement of the award, then the matter is likely not fit for judicial review, and if there is not a realistic probability that the employer can wait out the limitations period, then there is likely little hardship to the plaintiff from withholding court consideration.
With respect to the first factor, Virtua's professed intent to comply with the Award is not fully dispositive. S...
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