Folger Coffee Co. v. International Union, United Automobile, Aerospace & Agricultural Implement Workers

905 F.2d 108
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 11, 1990
DocketNo. 89-3082
StatusPublished
Cited by1 cases

This text of 905 F.2d 108 (Folger Coffee Co. v. International Union, United Automobile, Aerospace & Agricultural Implement Workers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Folger Coffee Co. v. International Union, United Automobile, Aerospace & Agricultural Implement Workers, 905 F.2d 108 (5th Cir. 1990).

Opinion

JOHN R. BROWN, Circuit Judge:

The Folger Coffee Company (Folger) appeals the district court’s grant of summary judgment which upheld an arbitration [109]*109award in favor of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America-UAW (Union). We conclude that the arbitration award draws its essence from the collective bargaining agreement and consequently we affirm.

Union Unhappy when Folger Contracts Out Yardwork

In April, 1984, Folger and the Union entered into a collective bargaining agreement. The Union is the exclusive collective bargaining agent for employees at Folger’s New Orleans facility.

In 1986, the Union filed a grievance which contended that Folger had violated the collective bargaining agreement. Specifically, the Union challenged Folger’s subcontracting of yard work to a professional landscaping company. Until 1986, the yard work at the New Orleans plant had been performed exclusively by bargaining unit employees. Folger based its decision to subcontract on the following factors: dissatisfaction with the yard’s appearance, staffing problems, recognition that the skills needed for yard work were not compatible with the skills associated with coffee production, and cost savings.

In accordance with the agreement’s grievance procedure, Folger and the Union submitted their dispute to final and binding arbitration. The Board of Arbitration was asked to resolve the following jointly stipulated submission:

Did Management violate the contract, Article II, Recognition; Article X, Seniority; Article XI, Managements Rights; by subcontracting yard work which had previously been performed within the bargaining unit? If so, what shall be the remedy?

The arbitration panel sustained the Union’s grievance and ordered Folger to return the yard maintenance work to the bargaining unit employees. The panel reasoned that despite language in the agreement which granted Folger the power to subcontract, Folger’s right was not absolute. Because union members traditionally performed the yard work and had the necessary skills and tools to perform the job, the panel concluded that Folger violated articles II,1 X,2 and XI3 of the bargaining agreement. Folger brought suit in the District Court to vacate the arbitration award. The district court granted summary judgment in favor of the Union and ordered enforcement of the award. We affirm.

How Do We Decide?

The sole issue before this court is whether the arbitration award in favor of the Union should be enforced. Thirty years ago, in what has come to be known as the Steelworker’s trilogy,4 the United States Supreme Court severely restricted judicial review of arbitration awards. The Court dictated, “[t]he refusal of courts to review the merits of an arbitration award is the proper approach to arbitration under collective bargaining agreements. The federal policy of settling labor disputes by arbitration would be undermined if courts had the [110]*110final say on the merits of the awards.” United Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593, 596, 80 S.Ct. 1358, 1360, 4 L.Ed.2d 1424, 1427 (1960).

An arbitrator’s power, however, is not boundless. The award is legitimate only if it “draws its essence from the collective bargaining agreement.” Steelworkers, 363 U.S. at 597, 80 S.Ct. at 1361, 4 L.Ed.2d at 1428. An award draws its essence from the agreement so long as it is “rationally inferable” in “some logical way” from the agreement. International Chemical Workers Union v. Day & Zimmermann, Inc., 791 F.2d 366, 369 (5th Cir.1986), cert. denied, 479 U.S. 884, 107 S.Ct. 274, 93 L.Ed.2d 250 (1986).

The Supreme Court recently reiterated its extremely deferential stance towards arbitration awards in United Paperworkers Int’l Union v. Misco, Inc., 484 U.S. 29, 108 S.Ct. 364, 98 L.Ed.2d 286 (1987). Although the unanimous Court conceded that the arbitrator may not ignore the plain language of the contract, they declared that a court could not reject an award on the ground that the arbitrator misread the contract, because the parties have authorized the arbitrator to give meaning to— that is, read the language of the agreement. The Court stated, “[a]s long as the arbitrator is even arguably construing or applying the contract and acting within the scope of this authority, that a court is convinced the arbitrator committed serious error does not suffice to overturn his decision.” Misco, 484 U.S. at 38, 108 S.Ct. at 366, 98 L.Ed.2d at 299.

Does Award Meet “Essence” Standard?

Folger claims that because the arbitrators violated the express words of the contract, the award is not final and binding on the company.5 Folger reads the management rights provision, article XI, of the contract as granting it an absolute right to contract out any or all work.6 By imposing “phantom” conditions on Folger’s ability to subcontract and ignoring the plain and unambiguous provisions in the agreement, Folger contends that the arbitrators substantially modified and altered the agreement’s unconditional subcontracting language. Therefore, they conclude that the award fails to draw its essence from the collective bargaining agreement.

Because the stipulated submission referred only to Articles II, X, and XI, Folger argues that the arbitrators were forced to base their decision solely upon these three stated contractual provisions. However, the subcontracting provision itself makes it necessary for the arbitrators to construe its language in the context of the agreement as a whole. The subcontracting clause reserves for management the right to subcontract, except when this right is given up or modified by the express written terms of the collective bargaining agreement.7 This exception forces the arbitrators to look to provisions, other than those specified in the submission, and to determine whether these provisions have in any way modified or eliminated management’s right to subcontract.

The Supreme Court has held that not only are arbitrators entitled to study the entire contract, but that they may refer to other sources of law for guidance. In the 1960 Steelworkers Trilogy,8 the Supreme Court reasoned:

The collective bargaining agreement ... is more than a contract; it is a generalized code to govern a myriad of cases which the draftsmen cannot wholly antic-ipate_ It calls into being a new common law — the common law of a particular industry or of a particular plant.... [111]

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Bluebook (online)
905 F.2d 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/folger-coffee-co-v-international-union-united-automobile-aerospace-ca5-1990.