Georgia Power Co. v. International Brotherhood of Electrical Workers, Local 84

825 F. Supp. 1023, 140 L.R.R.M. (BNA) 2572, 1992 U.S. Dist. LEXIS 12714, 1992 WL 503245
CourtDistrict Court, N.D. Georgia
DecidedJune 4, 1992
DocketCiv. No. 1:91-cv-15-ODE
StatusPublished
Cited by1 cases

This text of 825 F. Supp. 1023 (Georgia Power Co. v. International Brotherhood of Electrical Workers, Local 84) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Georgia Power Co. v. International Brotherhood of Electrical Workers, Local 84, 825 F. Supp. 1023, 140 L.R.R.M. (BNA) 2572, 1992 U.S. Dist. LEXIS 12714, 1992 WL 503245 (N.D. Ga. 1992).

Opinion

ORDER

ORINDA D. EVANS, District Judge.

This action'for vacation of an arbitration award is before the court on Plaintiffs motion for an extension of time within which motions for summary judgment may be filed, Plaintiffs motion for an extension of time within which responses to motions for summary judgment may be filed, and the parties’ cross motions for summary judgment.

As an initial matter, Plaintiffs two motions for extensions of time are DISMISSED AS MOOT.' Defendant did not oppose either motion and each party has now filed a motion for summary judgment and a response to the adverse party’s motion for summary judgment.

The basic facts giving rise to this action are' undisputed and the parties agree that this case is ripe for disposition on summary judgment. Effective July 1, 1987, Plaintiff Georgia Power Company (“Georgia Power” or “Company”) and Defendant International Brotherhood of Electrical Workers, Local 84 (“Union”) executed a collective bargaining agreement entitled “Memorandum of Agreement between Georgia Power Company and Local Union No. 84 of the International Brotherhood of Electrical Workers” (“Collective Bargaining Agreement” or “Agreement”). This Agreement was in force during all times material to this action. Paragraph 65 of the Agreement provides for arbitration of certain disputes, between the Company and the Union. Complaint, Exh. A, ¶ 65.1

During the first six months of 1988, the Company and the Union conducted negotiations regarding the Company’s proposed implementation of a Pilot Incentive Pay Program (“Program”). Following an impasse in negotiations, the Company unilaterally implemented this Program for employees at its Plant Bowen and in its Macon Division.2 In [1025]*1025August of 1988, the Union filed a grievance regarding the Company’s implementation of the Program. The Company denied this grievance, and pursuant to Paragraph 65 of the Agreement, the parties submitted their dispute to arbitration. The Arbitration Board was composed of Howard Winkler, the Company arbitrator, Doyle Howard, the Union Arbitrator, .and Ferrin Y. Mathews, a neutral arbitrator selected by agreement of the parties.

The Arbitration Board held an evidentiary hearing regarding the parties’ dispute on September 15, 1989. On February 7, 1990, Arbitrator Mathews issued a Tentative Opinion and Award, which at that time was neither a final decision of the Arbitration Board nor a binding order. In the Tentative Opinion and Award, Arbitrator Mathews found that the Company’s implementation of the Pilot Incentive Pay Program violated the Collective Bargaining Agreement. Stipulated Exh. G (Opinion of February 7, 1990), p. 60. Arbitrator Mathews first determined that the cash awards the Company had paid out under the Program constituted “wages” and “rates of pay,” which are mandatory subjects of bargaining under the Agreement. Id. at 42. He further found that these cash awards altered the wage schedules which had been negotiated by the Company and the Union. Id. at 44, 49. Arbitrator Mathews thus concluded that the Company had violated the Agreement by altering, the negotiated wage schedules without the consent of the Union. Id. at 49.3

Arbitrator Mathews, however, rejected the Union’s request that he award “the same percentage of wages, as that which was paid to the employees at Plant Bowen, to all of the Company’s employee’s system wide.” Id. at 57. Arbitrator Matbews concluded that no basis existed to support an award of monetary damages:

As also contended by the Company, no employee of the Bargaining Unit has suffered a monetary loss. For the year. 1988, the Company paid to the participating employees the amount due them under the program. The remaining members of the Bargaining Unit did not participate in the Pilot Incentive Pay- Program, and hence were promised nothing by the Company. Since it has been found that the action of the Company in implementing the program was wrongful, the employees, at locations other than Plant Bowen and the Macon Division, would have no legal basis to compel any payment from the Company.

Id. at 58-59. Arbitrator Mathews noted that the issuance of an award to employees who did not participate in the Program would be “in the. nature of a penalty, and does not ‘make whole’ employees for a monetary loss suffered.” Id. at 59.

On February 12, 1990, the Arbitration Board held an executive session. At that session, Mr. Winkler, the Company Arbitrator, informed the Board that immediately before receipt -of the Tentative Opinion and Award, Georgia Power had made payments under the Program for the year 1989. Stipulated Exh. L (Reconsideration of and Addendum to Opinion and Award Rendered February 7, 1990), p.. 1. Mr. Howard, the Union Arbitrator, argued that these payments were undertaken in bad faith and once again urged Arbitrator Mathews to require the Company to pay monetary damages. Arbitrator Mathews ordered further briefing on the question of whether Union members who did not participate in the Program were entitled to monetary relief. On March 8, 1990, the parties submitted briefs on that issue.

On April 27, 1990, Arbitrator Mathews issued a Reconsideration of and- Addendum to Opinion and Award Rendered February 7, 1990 (“Addendum”). In this Addendum, Arbitrator Mathews concluded that the Company should be required to pay monetary damages to Union members who did not participate in the Pilot Incentive Pay Program. He ordered the following remedy:

The Company is ordered to immediately determine the amount of money paid to the Bargaining Unit employees participating in [1026]*1026the Incentive Pay Program for the years 1988 and 1989 at Plant Bowen and in the Macon Division. That amount, so determined shall constitute the amount of money which the Company shall immediately pay to the Bargaining Unit employees who did not participate in the Incentive Pay Program. The payment to said employees shall be by the same method and on the same basis utilized by the Company in making the payment to the Bargaining Unit employees at Plant Bowen and in the Macon Division. ...

Stipulated Exh. L, p. 100.

Arbitrator Mathews adhered to his original conclusion that “no employee of the Bargaining Unit, not a part of the Program, has suffered a monetary loss as that employee had not been promised anything by the Company.” Id. at 18. However, upon reconsideration, he concluded that those employees “may have suffered monetary loss on another basis.” Id.- Arbitrator Mathews reached this conclusion on the basis of Paragraph 69 of the Agreement, entitled “Non-Discrimination,” and Paragraph 50 of the Agreement, entitléd “Wage Rates.” Paragraph 69 pro-, vides: ,

The Company and the Union ... agree that the provisions of this Agreement shall continue to apply to all employees covered by this Agreement without discrimination and that in carrying out the respective obligations under this Agreement there' will be no discrimination against any' quali: fied employee or applicant on account of race, creed, color, sex, age (40 and over), national origin, handicap or status as a veteran. ■

Complaint, Exh. A, ¶ 69. Paragraph 50 provides in relevant part, “For all employees of the Company covered by. this Agreement, wages at the rates shown in Exhibit ‘A’ ... shall be the base rates paid for 40 hours work per work week.” Id. at ¶ 50.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
825 F. Supp. 1023, 140 L.R.R.M. (BNA) 2572, 1992 U.S. Dist. LEXIS 12714, 1992 WL 503245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-power-co-v-international-brotherhood-of-electrical-workers-local-gand-1992.