Federation of Westinghouse Independent Salaried Unions v. Westinghouse Electric Corp.

602 F. Supp. 956, 1984 U.S. Dist. LEXIS 21516
CourtDistrict Court, W.D. Pennsylvania
DecidedDecember 5, 1984
DocketCiv. A. No. 84-1426
StatusPublished

This text of 602 F. Supp. 956 (Federation of Westinghouse Independent Salaried Unions v. Westinghouse Electric Corp.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Federation of Westinghouse Independent Salaried Unions v. Westinghouse Electric Corp., 602 F. Supp. 956, 1984 U.S. Dist. LEXIS 21516 (W.D. Pa. 1984).

Opinion

MEMORANDUM OPINION

TEITELBAUM, Chief Judge.

The Federation of Westinghouse Independent Salaried Unions (Federation) and its local affiliate, the Association of Westinghouse Salaried Employees (AWSE), (collectively unions) brought this action against Westinghouse Electric Corp. (Westinghouse) under section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, alleging a violation of the collective bargaining agreement. The unions contend Westinghouse violated the collective bargaining agreement by failing to provide salary increases to employees whose positions were reclassified. Westinghouse moves for summary judgment contending this action is barred by the statute of limitations. For the reasons set forth below the motion will be denied.

Following an August 1, 1982 job reclassification, AWSE filed grievances at the local level on behalf of six employees whose jobs had been reclassified contesting Westinghouse’s failure to provide salary increases (first set of grievances). On March 23, 1983 the first set of grievances was filed as Federation grievances at the national level. On May 20, 1983 Westinghouse denied the first set of grievances and on May 24, 1983 the Federation notified Westinghouse that Westinghouse’s answer to the first set of grievances was unsatisfactory. On June 13, 1983 the Federation requested arbitration of the first set of grievances and on June 14, 1983 Westinghouse refused to agree to arbitration.

According to the unions, on April 20, 1983 the Federation met with Westinghouse to discuss the first set of grievances and Westinghouse suggested that the grievances be referred back to local management to attempt to slowly phase in salary increases due the reclassified employees.

On May 23, 1983 AWSE filed a second set of grievances at the local level on behalf of the six employees named in the first set of grievances plus an additional four employees whose jobs had also been reclassified (second set of grievances).

On September 8, 1983 grievances on behalf of seven of these employees, including three employees named in the first set of grievances and the four employees added in the second set, were filed at the national level. On November 11, 1983 Westinghouse reiterated its prior position and denied the second set of grievances and on November 16, 1983 the Federation notified Westinghouse that Westinghouse’s answer to the second set of grievances was unsatisfactory. On December 7, 1983 the Federation requested arbitration of the second set of grievances and on December 13, 1983 Westinghouse refused to agree to arbitration.

The present action was filed June 12, 1984.

The unions contend the action was timely filed within six months of December 13, 1984. The unions contend the statute of limitations starts to run when the grievance and arbitration procedure provided in the collective bargaining agreement is fully exhausted.

The unions contend that as to the four employees named only in the second set of [958]*958grievances, the second set is the point of reference. Using the sécond set of grievances as the reference point, the unions contend the statute of limitations did not start to run until December 13, 1983 when Westinghouse refused to arbitrate the second set of grievances.

The unions further contend Westinghouse is estopped from raising the statute of limitations because of its representation at the April 20, 1983 meeting. The unions further contend this representation raises a factual issue as to when the unions knew or should have known of Westinghouse’s breach of the collective bargaining agreement.

Westinghouse contends the action was not timely filed within six months of the last possible point of reference, November 16, 1983. Westinghouse contends the statute of limitations starts to run when the grievance procedure provided in the collective bargaining agreement is fully exhausted and that a demand for voluntary arbitration does not affect this.

Westinghouse contends the first set of grievances is the point of reference. Westinghouse contends the second set of grievances is merely a repeat of the first set or, at most, a request for reconsideration which does not affect the statute of limitations. Westinghouse contends the four employees named only in the second set of grievances were affected by the reclassification in the same manner as the employees named in the first set and were therefore bound by the disposition of the first set. Westinghouse contends these four employees should not be able to avoid the bar of the statute of limitations because of the unions’ failure to name all affected employees in the first set of grievances. Using the first set of grievances as the reference point, Westinghouse contends the statute of limitations started to run May 24, 1983 when the grievance procedure was fully exhausted.

However, even if the second set of grievances is used as the reference point, Westinghouse contends the statute of limitations started to run November 16, 1983 when the grievance procedure was fully exhausted.

Westinghouse further contends the unions’ estoppel argument is unsupported as a matter of fact or law. Westinghouse denies the existence of factual issues which would preclude the grant of summary judgment.

Estoppel

The unions contend Westinghouse is es-topped from raising the statute of limitations because of its representation at the April 20, 1983 meeting. On April 20, 1983 Federation president Richard Mori met with Westinghouse union relations consultant R.G. McQueen to discuss the first set of grievances, which had been filed at the national level on March 23, 1983. According to Mori:

[McQueen] suggested that the [salary] rate reviews be referred back to local management in an attempt to “slowly phase in the increases due those people.”
After my discussion with Mr. McQueen, I assumed that the matters were to be worked out at the local level and that the rate reviews would be refiled letting the timeliness conditions of the contract expire as to the initial set of rate review grievances.

After this meeting a second set of grievances was filed at the local level on behalf of the employees named in the first set of grievances plus additional employees.

It is likely that McQueen’s statement was intended to and did cause the unions to forebear suit on the first set of grievances. However, McQueen’s statement could not have reasonably caused the unions to forebear suit on the second set of grievances. Mori assumed the timeliness conditions would “expire as to the initial set of rate review grievances” (emphasis added). Further, the timing of this suit suggests that it was not reliance on McQueen’s statement that delayed suit on the second set of grievances, but rather it was the unions’ belief as to when the statute of limitations started to run that determined its filing: the unions contend the statute of limitations [959]*959started to run when the grievance and arbitration procedure was fully exhausted and suit was filed on the last day of a limitations period starting with Westinghouse’s refusal to arbitrate the second set of grievances.

For these reasons the second set of grievances will be considered as the reference point for the statute of limitations.

Accrual of cause of action

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
602 F. Supp. 956, 1984 U.S. Dist. LEXIS 21516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federation-of-westinghouse-independent-salaried-unions-v-westinghouse-pawd-1984.