International Brotherhood of Electrical Workers v. Montana Power Co.

929 P.2d 839, 280 Mont. 55, 53 State Rptr. 1296, 1996 Mont. LEXIS 266, 155 L.R.R.M. (BNA) 2868
CourtMontana Supreme Court
DecidedDecember 9, 1996
Docket96-281
StatusPublished
Cited by7 cases

This text of 929 P.2d 839 (International Brotherhood of Electrical Workers v. Montana Power Co.) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Brotherhood of Electrical Workers v. Montana Power Co., 929 P.2d 839, 280 Mont. 55, 53 State Rptr. 1296, 1996 Mont. LEXIS 266, 155 L.R.R.M. (BNA) 2868 (Mo. 1996).

Opinions

JUSTICE HUNT

delivered the Opinion of the Court.

The Montana Power Company (MPC) filed a complaint in the Second Judicial District Court, Silver Bow County, seeking an alternative writ of prohibition to prevent the conduct of a labor arbitration between itself and the International Brotherhood of Electrical Workers (the Union) arising from a grievance pursued by the Union on behalf of one of its members. The District Court initially granted the alternative writ of prohibition, and in a subsequent order both denied the Union’s motion to dismiss the writ and made the writ permanent. The Union appeals from the District Court’s order.

We reverse.

The dispositive issue in this case is whether the District Court had jurisdiction to issue the writ of prohibition.

FACTS

The relevant facts here are undisputed. Mr. William Morrison was employed by MPC in 1995. MPC is and was in 1995 an employer engaged in interstate commerce as defined by and covered by the Labor Management Relations Act of 1947 (LMRA), 29 U.S.C. § 141 et seq. (1994). The Union is a labor organization that represents MPC employees pursuant to LMRA. MPC and the Union are parties to a collective bargaining agreement concerning grievances, labor disputes, wages, rates of pay, hours of employment, and conditions of [57]*57work. The collective bargaining agreement provides for a grievance arbitration procedure to resolve disputes regarding the terms of the collective bargaining agreement.

On June 16,1995, Mr. Morrison was transferred from a work crew which worked 12-hour rotating shifts to a crew working 10-hour day shifts. Mr. Morrison brought this transfer to the attention of the Union, which then filed a grievance on his behalf challenging the transfer as a violation of the collective bargaining agreement. The grievance was processed in accord with the collective bargaining agreement.

When it became clear that the Union and MPC could not resolve the grievance, the Union demanded arbitration. The Union and MPC chose Mr. Bill Corbett, a professor at the University of Montana School of Law, as arbitrator and selected March 8,1996 as the hearing date for the arbitration.

Meanwhile, MPC, attempting to reduce its work force at Colstrip, Montana, posted an enhanced severance benefit plan (Plan) at that site. Mr. Morrison read the posting and approached MPC about taking advantage of the Plan. On February 5,1996, Mr. Morrison and MPC reached an agreement concerning the Plan, which included a release by Mr. Morrison of “grievances” against MPC; the “grievances” referred to in the Plan were not specifically identified as grievances under the collective bargaining agreement. The Union was not a party to the Plan.

On March 1,1996, MPC filed a motion for summary judgment with the arbitrator. On March 4,1996, counsel for the Union left a message with MPC’s counsel stating that the Union’s position was that the grievance filed on Mr. Morrison’s behalf “belonged to” the Union as a representative of all MPC employees and that this grievance required an interpretation of the collective bargaining agreement, which affected individuals beyond Mr. Morrison. On March 6, 1996, the attorneys had a telephone conversation in which they explained their clients’ respective positions; MPC’s counsel stated that MPC was considering going to court to enjoin the arbitration.

On March 7, 1996, MPC filed a complaint seeking an alternative writ of prohibition, and went to court the same day to obtain the requested injunctive relief. The District Court granted the writ of prohibition, and set the matter for a show cause hearing on March 18, 1996.

On March 15,1996, the Union filed its answer to MPC’s complaint and moved to dismiss for lack of subject matter jurisdiction and for [58]*58failure to state a claim upon which relief can be granted. After the hearing, after the filing of post-hearing briefs, the court issued an order which denied the Union’s motion to dismiss and which made permanent the initial writ of prohibition. The Union appeals.

DISCUSSION

Did the District Court lack jurisdiction to issue the writ of prohibition?

The relations between employers and labor unions is a field which is governed by federal law. Avco Corp. v. Aero Lodge No. 735 (1968), 390 U.S. 557, 88 S.Ct. 1235, 20 L.Ed.2d 126 (interpreting LMRA § 301, 29 U.S.C. § 185). This Court stated in Miller v. County of Glacier (1993), 257 Mont. 422, 851 P.2d 401:

Collective bargaining agreements must be interpreted by application of federal law, not state law. Teamsters Union v. Lucas Flour Co. (1962), 369 U.S. 95, 82 S.Ct. 571, 7 L.Ed.2d 593. This is known as federal preemption under § 301 of the Labor Management Relations Act of 1947 (LMRA): Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy or without regard to the citizenship of the parties. 61 Stat. 156, 29 U.S.C. § 185(a) (1988). See also Foster v. Albertsons, Inc. (1992), 254 Mont. 117, 835 P.2d 720. The United States Supreme Court has interpreted § 301 as a congressional mandate to develop a unified federal common law to address labor contract disputes, [citation omitted.]

Miller, 851 P.2d at 403 (emphasis added). The “unified federal common law” to which we referred in Miller provides that arbitrators, not the courts, should initially attempt to resolve disputes concerning the interpretation of collective bargaining agreements. See United Steelworkers of America v. American Mfg. Co. (1960), 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403; United Steelworkers of America v. Enterprise Wheel & Car Corp. (1960), 363 U.S. 593, 80 S.Ct. 1358, 4 L.Ed.2d 1424; United Steelworkers of America v. Warrior & Gulf Navigation Co. (1960), 363 U.S. 574, 80 S.Ct. 1347, 4 L.Ed.2d 1409 (collectively known as the “Steelworkers Trilogy”); see also Republic Steel Corp. v. Maddox (1965), 379 U.S. 650,85 S.Ct. 614,13 L.Ed.2d 580.

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929 P.2d 839, 280 Mont. 55, 53 State Rptr. 1296, 1996 Mont. LEXIS 266, 155 L.R.R.M. (BNA) 2868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-brotherhood-of-electrical-workers-v-montana-power-co-mont-1996.