Asociacion de Senoras Damas Del Santo Asilo de Ponce v. Unidad Laboral de Enfermeras Y Empleados de la Salud

672 F. Supp. 54, 126 L.R.R.M. (BNA) 3357
CourtDistrict Court, D. Puerto Rico
DecidedOctober 20, 1987
DocketCiv. No. 86-1201 GG
StatusPublished
Cited by1 cases

This text of 672 F. Supp. 54 (Asociacion de Senoras Damas Del Santo Asilo de Ponce v. Unidad Laboral de Enfermeras Y Empleados de la Salud) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Asociacion de Senoras Damas Del Santo Asilo de Ponce v. Unidad Laboral de Enfermeras Y Empleados de la Salud, 672 F. Supp. 54, 126 L.R.R.M. (BNA) 3357 (prd 1987).

Opinion

OPINION AND ORDER

GILBERTO GIERBOLINI, District Judge.

This is an action brought under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, requesting that we vacate and set aside an arbitration award. Jurisdiction is invoked under the same statute. Pending before us are plaintiff’s motion for summary judgment, defendant’s opposition thereto and cross-motion for summary judgment, and plaintiff’s reply.

Plaintiff, Asociación de Señoras Damas del Santo Asilo de Ponce (the Hospital) is a Corporation that operates a hospital in Ponce, Puerto Rico. Defendant, Unidad Laboral de Enfermeras y Empleados de la Salud (the Union) is the authorized bargaining representative for all registered nurses employed at the Hospital. The parties executed a collective bargaining agreement that became effective on December 1,1983, and continued to be in force at least until November 30, 1986.1 2Article XII of this agreement provides a three-step procedure for the resolution of grievances between the parties involving the interpretation and application of the terms of the agreement, and which culminates in arbitration. The grievance procedure also provides that whenever a party to the agreement processes a complaint or grievance outside of the time limits set forth therein, the complaint shall be deemed resolved against the party that violated said time limits, unless the parties reach an agreement to the contrary.

The present action arose from the dismissal of Betzaida Morales (Morales) from her position as a graduate nurse with the Sur[55]*55gery Department of the Hospital. Morales was assigned to work in the 7:00 a.m. to 3:00 p.m. shift as “Team Leader” of the nurses assigned to the B wing of the Hospital’s seventh floor. As team leader, Morales supervised two practical nurses and was responsible for administering the medications prescribed by doctors to their patients. On October 19, 1985, Morales was requested to administer two intravenous dosages of “aminophylline” to a patient. The first dosage was to enter the patient’s blood system in one hour, and the second in twenty-four hours. The first dosage was administered at 10:00 a.m. However, by 4:00 p.m. of that day all of the second dosage had entered the patient’s blood system in violation of the medical order.

The Hospital’s administration investigated this incident and on October 29, 1987, Morales was notified by letter that she was dismissed from her employment due to numerous mistakes culminating in the incident described above. The Union instituted a grievance on behalf of Morales which ended in arbitration. At the arbitration hearing held on April 9, 1986, the Hospital asserted that the complaint should be dismissed because the Union did not comply with the grievance procedure. The Union in turn argued that it was the Hospital which failed to comply with that grievance procedure and requested Morales’ reinstatement. On June 26, 1986, the arbitrator issued an award in favor of the Union, and ordered that Morales be reinstated to her position. This appeal ensued.

We begin by restating that reviewing courts have generally been reluctant to set aside an arbitrator’s decision. This reluctance is consistent with the strong federal policy favoring the resolution of industrial disputes by arbitration. See John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543, 84 S.Ct. 909, 11 L.Ed.2d 898 (1964); United Steelworkers of America v. American Manufacturing Co., 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403 (1960); Gavlik Construction Co. v. H.F. Campbell Co., 526 F.2d 777 (3d Cir.1975). Where the parties to a collective bargaining agreement have provided for arbitration as a final and binding method for settling grievances, the arbitration award is normally non-reviewable by the courts. Bettencourt v. Boston Edison Co., 560 F.2d 1045, 1048 (1st Cir.1977); Westinghouse Elevators of Puerto Rico, Inc. v. S.I.U. of Puerto Rico, 583 F.2d 1184, 1186 (1st Cir.1978). It is also settled that the refusal of courts to review the merits of an arbitration award is the proper approach to arbitration under collective bargaining agreements. United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593, 80 S.Ct. 1358, 4 L.Ed.2d 1424 (1960). The only grounds for review on the merits of an arbitration award are that it is (1) unfounded in reason and fact, (2) based on reasoning so palpably faulty that no judge or group of judges could even conceivably make such a ruling, or (3) mistakenly based on a crucial assumption which is concededly a non-fact. In re Hotel Da Vinci, 797 F.2d 33, 34-35 (1st Cir.1986); Hoteles Condado Beach, La Concha and Convention Center v. Unión de Tronquistas Local 901, 763 F.2d 34, 38 (1st Cir.1985).

In rendering his award, the arbitrator did not reach the merits of Morales’ dismissal but instead decided the case before him on procedural grounds. The arbitrator found that the Hospital violated the time limits set forth in the second step of the grievance procedure. Once the arbitrator reached said conclusion, paragraph four of the third step of the grievance procedure became applicable. This provision reads as follows:

4. If any of the parties to this agreement processes complains (sic) and grievances outside of the limits set forth in this article, the complain (sic) or grievance shall be deemed resolved against the party that has not processed them under the time periods set forth therein, except if an agreement to the contrary is reached.

Accordingly, the arbitrator rendered an award for the Union.

In its motion, the Hospital argues that the arbitrator committed the following errors in rendering his award: (1) failing to [56]*56consider evidence central to the issue of whether the Union violated the first step of the grievance procedure, (2) using faulty reasoning in deciding that the Hospital violated step two of the grievance procedure, and (3) applying a double standard in determining the obligations of the parties under the grievance procedure.

In order to resolve the parties’ motions we must first examine the arbitrator’s award, focusing on the way he interpreted the provisions of the collective bargaining agreement. In his award, the arbitrator first addressed the question of whether the Union had violated the first step of the grievance procedure. Said mechanism provides as follows:

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672 F. Supp. 54, 126 L.R.R.M. (BNA) 3357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asociacion-de-senoras-damas-del-santo-asilo-de-ponce-v-unidad-laboral-de-prd-1987.