GSX Corp. of Missouri, Inc. v. Local Union No. 610

658 F. Supp. 124, 127 L.R.R.M. (BNA) 2391, 1987 U.S. Dist. LEXIS 3340
CourtDistrict Court, E.D. Missouri
DecidedMarch 30, 1987
DocketNo. 86-0219C(3)
StatusPublished

This text of 658 F. Supp. 124 (GSX Corp. of Missouri, Inc. v. Local Union No. 610) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
GSX Corp. of Missouri, Inc. v. Local Union No. 610, 658 F. Supp. 124, 127 L.R.R.M. (BNA) 2391, 1987 U.S. Dist. LEXIS 3340 (E.D. Mo. 1987).

Opinion

MEMORANDUM

HUNGATE, District Judge.

This matter is before the Court on the parties’ cross-motions for summary judg[126]*126ment. There is no genuine issue as to material facts as the parties have stipulated to all facts pertinent to this dispute in a joint stipulation of facts filed on November 4, 1986. This cause is taken as submitted and summary judgment is in order.

The stipulated facts are as follows:

1. Plaintiff, GSX Corporation of Missouri, Inc. (GSX), is a corporation organized and existing under the laws of the State of Delaware with its office and principal place of business at 1838 North Broadway in the City of St. Louis, State of Missouri.

2. Defendant, Local Union No. 610, Miscellaneous Drivers, Helpers and Public Employees, affiliated with International Brotherhood of Teamsters, Chauffeurs, Ware-housemen and Helpers of America (Local 610), is and at all times hereinafter mentioned was a labor organization representing employees in an industry affecting commerce as defined by 29 U.S.C. §§ 142(1), 142(3), and 152(5), and within the meaning of 29 U.S.C. § 185.

3. Plaintiff is and at all times hereinafter mentioned was the successor in interest to SCA Services, Inc., as “Company” under an agreement with Local 610, and during all times hereinafter mentioned, defendant Local 610 was the collective bargaining representative for various of plaintiff’s employees, including one Robert 0. Dudley.

4. Plaintiff brings this action to vacate an arbitration award rendered by virtue of the collective bargaining agreement between the parties under the Labor Management Relations Act, as amended, 29 U.S.C. §§ 141, et seq., and particularly 29 U.S.C. § 185.

5. This Court has jurisdiction of this action pursuant to 29 U.S.C. §§ 141, et seq., 29 U.S.C. § 185, and 28 U.S.C. § 1331.

6. On or about September 25, 1982, Local 610 and plaintiff’s predecessor in interest, SCA Services, Inc., entered into a collective bargaining agreement covering the period October 1, 1982, through October 1, 1985.

7. On or about July 24, 1985, Robert 0. Dudley was employed by plaintiff as a driver, and was represented by Local 610 under the collective bargaining agreement.

8. On or about August 1, 1985, plaintiff notified Mr. Dudley that he was being discharged pursuant to Article XX of the collective bargaining agreement for being in possession of and under the influence of illegal drugs.

9. Thereafter, on August 5, 1985, Mr. Dudley, through Local 610, filed a grievance with respect to said discharge, which grievance went through the steps set forth in Article XIX of said collective bargaining agreement, culminating in an arbitration hearing before Arbitrator Gilbert Kannen-berg on December 13, 1985.

10. On January 14, 1986, the arbitrator rendered his decision.

11. Based on the above opinion, the arbitrator stated that, while he believed that Mr. Dudley did briefly drag from the cigarette, discharge is too severe a penalty and therefore ordered Mr. Dudley to be reinstated with full seniority and fringe benefits, but without retroactive pay.

Article XX of the collective bargaining agreement provides that:

The Employer shall not discharge nor suspend any employee without just cause, but in respect to discharge or suspension shall give at least one warning notice or the complaint against such employee to the employee, in writing, and a copy of the same to the Union affected, except that no warning notice need be given to an employee before he is discharged if the cause of such discharge is dishonesty or drunkenness, or possession of alcohol or illegal drugs or under the influence of alcohol or illegal drugs, or recklessness resulting in serious accident while on duty, or the carrying of unauthorized passengers, willfull [sic] destruction of Company property, or gross insubordination. The warning notice as herein provided shall not remain in effect for a period of more than nine (9) months from date of said warning notice and shall not be used as a basis for further disciplinary action. Warning letters [127]*127shall be given to employees on the job, not mailed to employees.

Plaintiff brings the instant suit to vacate the arbitrator’s award as not drawing its essence from the collective bargaining agreement and as being outside the authority granted the arbitrator under the agreement. Plaintiff concedes the arbitrator did not specifically find the grievant guilty of the offense alleged. Plaintiff argues, however, that the arbitrator penalized the grievant by reinstating him without back-pay and thereby fashioned his own remedy.

Defendant, by counterclaim, seeks enforcement of the award with costs assessed against the plaintiff. Defendant reminds the Court of the scope of judicial review of an arbitrator’s award. Defendant relies on the arbitrator’s favorable decision, incorporated by reference into the parties’ stipulation of facts.

In arbitration, plaintiff’s position was that as a result of an investigation held to assess a possible drug problem among company drivers, grievant was seen sharing a “half-joint” with another employee on July 24, 1985, and later that same day furnished papers with which an employee rolled a marijuana cigarette and both employees took “drags” from it. This evidence was produced by a private investigator hired by the company.

Defendant’s position was that the investigator could not, on cross-examination, conclude if grievant was or was not under the influence of illegal drugs. With respect to the “half-joint,” the union notes that another employee handed the “half-joint” to the detective who, in turn, handed it to the grievant. So any possession was brief at best, and occurred when the cigarette was handed to grievant by the investigator hired by the company. Further, with respect to the other marijuana cigarette, grievant furnished the paper alone and was not the one with the marijuana. Grievant emphatically denied the use or possession of marijuana while on duty. Defendant argued that a higher degree of proof is required with a discharge of this nature due to the stigma attached thereto.

The parties agreed to have the arbitrator frame the issue, and he found it to be: Was Robert Dudley discharged on August 1, 1985, for just cause? The arbitrator construed possession of an illegal drug to mean more than someone handing it to another, as in the instant situation. Also, there was no credible evidence that the grievant was under the influence of an illegal drug.

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658 F. Supp. 124, 127 L.R.R.M. (BNA) 2391, 1987 U.S. Dist. LEXIS 3340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gsx-corp-of-missouri-inc-v-local-union-no-610-moed-1987.