Local Union 204 of Intern. Broth. of Elec. Workers, Affiliated with AFL-CIO v. Iowa Elec. Light and Power Co.

Decision Date08 January 1982
Docket NumberAFL-CI,No. 81-1012,A,81-1012
Citation668 F.2d 413
Parties109 L.R.R.M. (BNA) 2305, 92 Lab.Cas. P 13,177 LOCAL UNION 204 OF the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFFILIATED WITH THEppellee, v. IOWA ELECTRIC LIGHT AND POWER COMPANY, Appellant.
CourtU.S. Court of Appeals — Eighth Circuit

William Douglas, D. G. Ribble, argued, Lynch, Dallas, Smith & Harman, Cedar Rapids, Iowa, for appellant.

Joseph E. Day, argued, Hines, Pence, Day & Powers, Cedar Rapids, for appellee.

Margery E. Lieber, Deputy Asst. Gen. Counsel for Sp. Litigation.

James Y. Callear, William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., for N. L. R. B.

Before BRIGHT and ROSS, Circuit Judges, and GIBSON, Senior Circuit Judge.

ROSS, Circuit Judge.

The defendant, Iowa Electric Light and Power Company (Iowa Electric), appeals an order by the district court 1 granting the motion of Local Union 204 of the International Brotherhood of Electrical Workers (the union) for summary judgment in an action brought pursuant to section 301 of the Labor Management Relations Act, 1947, 29 U.S.C. § 185 (1976). 2 For the reasons stated herein, we reverse.

I. Background.

Iowa Electric operates the Duane Arnold Energy Center, a nuclear power plant at Palo, Iowa. In 1979 Quality Control Inspectors (QCI's), who were not members of the union bargaining unit apparently desired union representation. Pursuant to accretion procedures in an existing collective bargaining agreement between Iowa Electric and the union, the union petitioned the National Labor Relations Board (NLRB) under section 9(c) of the Labor Management Relations Act, 29 U.S.C. § 159(c) (1976), for accretion of Quality Control Inspectors to the bargaining unit. 3 Iowa Electric resisted accretion contending that because Quality Control Inspectors are managerial or supervisory personnel, they are not includable within the bargaining unit for "employees."

On March 23, 1979, after a hearing before a hearing officer, the Regional Director of the NLRB affirmed the hearing officer's finding that QCI's were "employees" within the meaning of the collective bargaining agreement rather than management or supervisory personnel. Therefore, an election was directed to be held among the QCI's to determine if a majority of these employees chose the union as their bargaining representative. The Regional Director's decision was affirmed by a 3 to 2 vote of the NLRB.

On October 12, 1979, the election designating the union as the bargaining representative for QCI's was certified by the Regional Director of the NLRB. The union notified the company that it wished to meet to negotiate contract modifications. Iowa Electric notified the union that it did not intend to negotiate because it still maintained that the Quality Control Inspector position was managerial or supervisory and therefore, not appropriate for the bargaining unit. When the union proceeded through the grievance procedures of the contract, the company continued to refuse to discuss the matter on these grounds. Finally, pursuant to Article V, Section 4 of the Collective Bargaining Agreement, 4 the union notified the company that it deemed its proposed contract modifications to have been accepted. When the company refused to meet the union's pay demands for QCI's, the union filed suit for breach of the collective bargaining agreement under section 301 of the Labor Management Relations Act.

The district court recognized that there was a question as to whether its jurisdiction was properly invoked in such a case, but concluded that it had jurisdiction under section 301 because the union's complaint alleged a breach of the agreement by the company in engaging in activity to defeat or evade the terms of the agreement. Local Union 204, International Brotherhood of Electrical Workers v. Iowa Electric Light and Power Co., 496 F.Supp. 873, 875 (N.D.Iowa 1980). The court granted the plaintiff's motion for summary judgment on the grounds that because there was substantial evidence on the administrative record that QCI's were "employees," there was no genuine issue of material fact. Id. at 877. Consequently, the court entered a judgment against Iowa Electric for $23,400 damages.

Before admitting the necessity of addressing the soundness of the district court's analysis and conclusions as to the status of QCI's, we must first answer the question of whether a union representational matter, like that before this court, which is committed to the jurisdiction of the NLRB under 29 U.S.C. § 159, and which may be the subject of an unfair labor practice proceeding, 29 U.S.C. § 158(a)(5) (1976), 5 may also serve as the basis for a section 301 contract violation suit in the district court.

II. District Court Jurisdiction.

Although we believe that the factual circumstances of this case present a somewhat novel question, we are not without guidance as to district court jurisdiction under section 301 over representational matters which may also constitute unfair labor practices under 29 U.S.C. § 158. The well entrenched general rule is that the fact that a particular activity may constitute an unfair labor practice under section 8 of the Labor Management Relations Act, 29 U.S.C. § 158, does not necessarily preclude the district court's jurisdiction under section 301 of the Act if that activity also constitutes a breach of the collective bargaining agreement. William E. Arnold Co. v. Carpenters District Council, 417 U.S. 12, 15-16, 94 S.Ct. 2069, 2071-72, 40 L.Ed.2d 620 (1974); Smith v. Evening News Association, 371 U.S. 195, 197, 83 S.Ct. 267, 268, 9 L.Ed.2d 246 (1962); National Rejectors Industries v. United Steelworkers, 562 F.2d 1069, 1074 (8th Cir. 1977), cert. denied, 435 U.S. 923, 98 S.Ct. 1486, 55 L.Ed.2d 517 (1978); Brown v. Sterling Aluminum Products Corporation, 365 F.2d 651, 656 (8th Cir. 1966), cert. denied, 386 U.S. 957, 87 S.Ct. 1023, 18 L.Ed.2d 105 (1967). However, we are unable to find any case in which this rule has been held to apply to representational matters within the Board's jurisdiction under section 9 of the Labor Management Relations Act, 29 U.S.C. § 159. Instead, representational matters have been almost invariably processed administratively through the NLRB under section 9 of the Act, with judicial review of the Board's determination by the courts of appeals under section 10 of the Act, 29 U.S.C. § 160. 6 Local No. 3-193, International Woodworkers v. Ketchikan Pulp Co., 611 F.2d 1295, 1299 (9th Cir. 1980); see, e.g., South Prairie Construction Co. v. Local 627, International Union of Operating Engineers, 425 U.S. 800, 96 S.Ct. 1842, 48 L.Ed.2d 382 (1976); NLRB v. Hoerner-Waldorf Corp., 525 F.2d 805 (8th Cir. 1975); NLRB v. Bancroft Manufacturing Co., 516 F.2d 436 (5th Cir. 1975), cert. denied, 424 U.S. 914, 96 S.Ct. 1112, 47 L.Ed.2d 318 (1976).

Courts have found, in circumstances similar to those now before this court, that a dispute over a representational matter is a situation calling for a denial of district court jurisdiction. In West Point-Pepperell, Inc. v. Textile Workers Union, 559 F.2d 304 (5th Cir. 1977) a union which had been certified as the bargaining representative for employees of the plaintiff company merged with another union and requested the company to pay the dues and bargain exclusively with the union produced by the merger. The company filed suit for declaratory relief under section 301 of the LMRA, alleging that the union's efforts to force the company to recognize the union constituted a breach of the collective bargaining agreement. Concurrently, the union filed a petition with the NLRB under 29 U.S.C. § 159 for an amendment of the certification reflecting the merger. The Court of Appeals for the Fifth Circuit adopted the district court opinion which held that the district court did not have jurisdiction over the section 301 suit. In support of its decision the court stated:

Courts should not decide questions beyond their jurisdiction under the guise of construing contracts under Section 301.

The National Labor Relations Act vests exclusive authority in the NLRB to pass on issues of representation. See NLRB v. Cabot Carbon Co., 360 U.S. 203, 79 S.Ct. 1015, 3 L.Ed.2d 1175 (1959); National Association of Women and Children's Apparel Salesmen, Inc., 479 F.2d 139 (5th Cir. 1973). Whether or not a merged union should remain as the bargaining agent of a unit of employees depends on a factual determination, whether it is a continuation of the old union under a new name or is a substantially different organization. NLRB v. Commercial Letter, Inc., 496 F.2d 35 (8th Cir. 1974); NLRB v. Hershey Chocolate Corp., 297 F.2d 286 (3rd Cir. 1961); Carpinteria Lemon Association v. NLRB, 240 F.2d 554 (9th Cir. 1956), cert. den., 354 U.S. 909, 77 S.Ct. 1295, 1 L.Ed.2d 1427 (1957). This calls for a resolution of the right to represent, a matter within the exclusive domain of the NLRB and not compatible with the purpose of Section 301. NLRB v. Newspapers, Inc., 515 F.2d 334 (5th Cir. 1975). See also Retail Store Employees Union v. NLRB, 528 F.2d 1225 (9th Cir. 1975).

559 F.2d at 306-07. See also International Association of Machinists and Aerospace Workers v. International Air Service of Puerto Rico, Inc., 636 F.2d 848, 849 (1st Cir. 1980); NLRB v. Bancroft Manufacturing Co., supra, 516 F.2d at 439 n.2 (5th Cir. 1975); Confederated Independent Unions v. Rockwell-Standard Co., 465 F.2d 1137, 1140 (3d Cir. 1972).

Nevertheless, the Supreme Court's decision in Carey v. Westinghouse Electric Corp., 375 U.S. 261, 84 S.Ct. 401, 11 L.Ed.2d 320 (1964), has been interpreted as casting doubt on the soundness of a broad principle of exclusiveness of the NLRB jurisdiction over representational matters. See Local No. 3-193, International Woodworkers, supra, 611...

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