Mass. Inst. Technology v. Research

Citation980 F.Supp.2d 8
Decision Date04 November 2013
Docket NumberCivil Action No. 12–11315–WGY.
PartiesMASSACHUSETTS INSTITUTE OF TECHNOLOGY, Plaintiff, v. RESEARCH, DEVELOPMENT AND TECHNICAL EMPLOYEES UNION, Defendant.
CourtU.S. District Court — District of Massachusetts

OPINION TEXT STARTS HERE

Scott A. Roberts, Hirsch Roberts Weinstein LLP, Boston, MA, for Plaintiff.

Mark A. Hickernell, McDonald, Lamond & Canzoneri, Southborough, MA, for Defendant.

MEMORANDUM AND ORDER

YOUNG, District Judge.

I. INTRODUCTION

The plaintiff, the Massachusetts Institute of Technology (MIT), brings this action against the Research, Development and Technical Employees Union (the Union), seeking declaratory judgment that the revocation of unrestricted access to a nuclear research facility is not an arbitrable grievance under the collective bargaining agreement MIT has with the Union, and asking the Court to enjoin the Union from arbitrating the unrestricted access revocation issue.

A. Procedural Posture

MIT commenced this action against the Union on July 19, 2012. Compl. Declaratory Injunctive Relief (“Compl.”), ECF No. 1. The Union filed its answer along with an assented-to motion for leave to file the answer late on September 14, 2012. Answer, ECF No. 8; Assented–To Mot. Leave File Answer, ECF No. 7. The Court granted the motion to file by order on September 17, 2012. Elec. Order, Sept. 17, 2012, ECF No. 9. On November 21, 2012, MIT filed a motion for judgment on the pleadings accompanied by a supporting memorandum. Pl.'s Mot. J. Pleadings, ECF No. 20; Pl.'s Mem. Law Supp. Mot. J. Pleadings (“Mem. Supp.”), ECF No. 21. Along with the motion for judgment on the pleadings, MIT also filed a supporting affidavit of Scott A. Roberts, its counsel, accompanied by a series of attachments. Aff. Scott A. Roberts Supp. Pl.'s Mot. J. Pleadings (“Roberts Aff.”), ECF No. On December 12, 2012, the Union filed an opposition to the motion for judgment on the pleadings. Def.'s Opp'n Mot. J. Pleadings (“Opp'n”), ECF No. 26.

On January 10, 2013, this Court heard argument on MIT's motion for judgment on the pleadings and issued an oral order to “stay its hand and remand the matter to the Arbitrator for arbitration,” including a determination of the arbitrability issue, but permitted either side to move to re-open the administratively closed case upon completion of the arbitration. Elec. Clerk's Notes, Jan. 10, 2013, ECF No. 28. The parties briefed the issue of arbitrability of unescorted access for the Arbitrator and the Arbitrator issued his award finding arbitrability of the issue on April 4, 2013. See Pl.'s Status Report (“Status Report”), Ex. 1, Award Arbitrator (“Award”) 30, ECF No. 30–1. On May 3, 2013, MIT requested a case management conference and filed an accompanying status report apprising the Court of the developments in the case. Pl.'s Request Case Mgmt. Conference, ECF No. 31; Status Report. A status conference was held on May 14, 2013, and the Court decided to hear argument at its motion session on June 3, 2013 and took the matter under advisement thereafter. See Elec. Clerk's Notes, May 14, 2013, ECF No. 33; Elec. Clerk's Notes, June 3, 2013, ECF No. 35.

B. Factual Background
1. Facts As Alleged

MIT is a co-educational, privately endowed research university with a location in Cambridge, Massachusetts. Compl. ¶ 1. The Union is a labor organization representing a number of MIT's employees in collective bargaining. Id. ¶ 2. As part of its research facilities, MIT maintains an interdepartmental Nuclear Reactor Laboratory (the “Laboratory”), which operates a six-megawatt nuclear research reactor (the “Reactor”) under a license granted by the United States Nuclear Regulatory Commission (the “Commission”). Id. ¶¶ 8, 9. The Reactor and its surrounding containment building constitute a restricted area (“Restricted Area”), to which access rights, in particular unescorted access, are limited to specially authorized employees. Id. ¶¶ 6, 8.

MIT is subject to an order (the Order”) issued by the Commission in April 2007, which imposes fingerprinting and criminal history record check requirements for unescorted access on its licensees. Id. ¶¶ 12, 15; Compl., Ex. 1, Order Imposing Fingerprinting & Criminal History Records Check Requirements Unescorted Access All Research Test Reactor Licensees Identified Attach. 1 (Effective Immediately) (“Order”), ECF No. 1–2. The Order places the duty of determining whether an individual may have, or may continue to have, unescorted access on a licensee's reviewing official. Order 5–6. Furthermore, the Order stipulates that in making this determination, the reviewing official must “determine whether the individual demonstrates a pattern of trustworthy and reliable behavior....” Id. at 2.

Ms. Rice (“Rice”) is employed by MIT's Environment, Health and Safety Office as a Project Technician. Compl. ¶¶ 6, 17. She was formerly assigned to perform certain duties at the Laboratory, and for that purpose was given unescorted access to the Restricted Area. Id. ¶¶ 6, 18. In September 2009, one of Rice's colleagues lodged a complaint with the Laboratory alleging that Rice removed mail from his mailbox three times without the authority to do so. Id. ¶ 19.

Thereupon, MIT's Human Resources Department conducted an investigation during which time Rice's authorization for unescorted access to the Restricted Area was temporarily revoked. Id. ¶¶ 19, 20. On or about November 19, 2009, MIT completed the investigation into the colleague's complaint and concluded that Rice had twice removed mail without authorization from another employee's mailbox. Id. ¶ 23. The next week, Rice received an oral warning. Id. ¶ 24. Also, the subcommittee responsible for reactor security found Rice not “sufficiently trustworthy” to have unescorted access to the Restricted Area and voted unanimously not to restore her access authorization. Id. ¶¶ 6, 27, 29. Rice continues to work at MIT as a Project Technician, performing duties commensurate to her job classification, but has since been assigned to areas other than the Laboratory. Id. ¶ 31.

During the relevant time period, MIT and the Union were parties to a collective bargaining agreement (the “Agreement”),1 and Rice is a member of the bargaining unit at MIT that is represented by the Union, and thus is an employee covered by the Agreement. Id. ¶¶ 33, 34. The Agreement sets forth a four-step grievance and arbitration procedure which applies [i]n the event of any grievance between the employees and MIT concerning the interpretation or application of [the] Agreement....” Id. ¶ 35; Agreement 4–6. The Union initiated a grievance on behalf of Rice, the grievance procedure was exhausted, and the Union—unsatisfied with the results-submitted the matter to arbitration. Compl. ¶¶ 37–43. MIT concedes the arbitrability of the issues of whether there was just cause for the oral warning given to Rice and whether Rice was “transferred” within the meaning of the Agreement and, if so, whether it was for proper cause. Id. ¶¶ 44, 45. MIT contends, however, that the temporary revocation of unescorted access to the Restricted Area and the decision to decline reinstatement of Rice's authorization are not arbitrable under the Agreement. Id. ¶ 46.

2. The Arbitrator's Award

The Arbitrator scrutinized the Agreement, specifically Article IV, containing the arbitration clause, Article XVIII, regulating, inter alia, transfers, and Article XX, relating to discipline, and opined that the Agreement contained no language regarding the denial of authorization of unescorted access to the Restricted Area. See Award 25–27. The Arbitrator concluded that while the language of the arbitration clause only permits arbitration of grievances “regarding the interpretation or application of [the] Agreement,” and the fact that the Agreement is silent on the unescorted access issue seems to counsel against arbitrability of this issue in view of the arbitration clause's language, see id. at 25, the revocation of unescorted access under the circumstances of this case amounted to discipline and thus implicated Article XX of the Agreement, see id. 25–27. As additional ground for his reasoning, the Arbitrator considered the Order's language and opined that the denial of unescorted access “must be for specific and valid and reliable reason(s),” and the determination of whether Rice showed a “pattern of trustworthy and reliable behavior” necessarily relied on “an investigation of the events leading up to her removal of access ... which [could] only take place if this portion of the grievance” was arbitrable. Id. at 28. Lastly, the Arbitrator reasoned that doubts as to questions of arbitrability should be resolved in favor of arbitration and as the Agreement “contains no provision which prohibits the grievance regarding the denial of access to proceed to arbitration,” the issue must be substantively arbitrable. Id. at 28–29.

C. Federal Jurisdiction

The Court has federal question jurisdiction over this declaratory judgment action pursuant to 28 U.S.C. section 1331, 28 U.S.C. section 2201, and section 301 of the Labor Management Relations Act, 29 U.S.C. § 185.

II. ANALYSISA. Legal Standard

MIT has moved for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) (Rule 12(c)), a motion that can be filed at any time [a]fter the pleadings are closed—but early enough not to delay trial....” Fed.R.Civ.P. 12(c).

Since a motion for judgment on the pleadings under Rule 12(c) ultimately fulfils the same function as a motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) (Rule 12(b)(6)), the standards for decision are very much alike. See Curran v. Cousins, 509 F.3d 36, 43–44 (1st Cir.2007) (explaining that a motion for judgment on the pleadings is treated much like a Rule 12(b)(6) motion to dismiss). The Court thus is charged with assessing the merits of the case by viewing all facts in the light most favorable to the non-moving party, here the Union, and...

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