International Union, United Automobile, Aerospace & Agricultural Implement Workers v. General Electric Co.

539 F. Supp. 520, 1982 U.S. Dist. LEXIS 9588
CourtDistrict Court, W.D. Arkansas
DecidedMay 20, 1982
DocketCiv. No. 81-2213
StatusPublished
Cited by2 cases

This text of 539 F. Supp. 520 (International Union, United Automobile, Aerospace & Agricultural Implement Workers v. General Electric Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Union, United Automobile, Aerospace & Agricultural Implement Workers v. General Electric Co., 539 F. Supp. 520, 1982 U.S. Dist. LEXIS 9588 (W.D. Ark. 1982).

Opinion

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This is an action brought by the International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW), against the General Electric Company under the provisions of Section 301 of the Labor Management Relations Act requesting an order requiring the defendant to arbitrate a grievance under the provisions of a Collective Bargaining Agreement entered into between the parties. The Court has jurisdiction of the case under the provisions of 28 U.S.C. § 1337.

[522]*522In its complaint filed the Union alleged that the parties entered into a Collective Bargaining Agreement effective July 17, 1979 through July 16, 1982, and a copy of the agreement was attached as an exhibit to the complaint. It is alleged that the Collective Bargaining Agreement provided for arbitration of certain disputes with respect to the interpretation and application of the agreement to certain matters, including the application of Article X on seniority. It is alleged that on March 3, 1981, the Union filed a written grievance concerning the employer’s failure to recall an employee, Atha Johnson. A copy of the grievance was attached as an exhibit to the complaint. It is claimed that the Manager of Plant Operations for the employer, by letter dated April 15, 1981, denied the grievance and that by letter dated May 12, 1981, the Union submitted a written demand for arbitration and that the defendant refused to arbitrate. The April 15, 1981, letter from the employer and the May 12, 1981, letter from the Union were attached as exhibits to the complaint. The complaint prays that the Court enter an order requiring the defendant to submit the grievance to arbitration.

The grievance, attached as Appendix No. 2 to the complaint, states, under “Nature of Grievance”:

Atha Johnson was laid off as a ‘B’ Machinist in the tool room W 21 in 1980. The Company said there wasn’t any work for a ‘B’ Machinist at that time. The Union disagreed with the Company at that time. Now there is work for a ‘B’ Machinist being done in W 21 by toolmakers. Atha has more seniority than some of the employees that are now working in the tool room unit. Atha’s seniority date is 8/25/66.

The portions of the Collective Bargaining Agreement covering arbitration are set forth primarily in Article XIV. Section 1 of the article provides, in pertinent part, as follows:

Section 1. Any grievance which involves the interpretation or application of this Agreement and which remains unsettled after having been fully processed pursuant to the provisions of Article XII shall be submitted to arbitration * * * provided such request directly raises an issue which is either:
(a) a disciplinary penalty * * *.
(b) an alleged violation of one of the following provisions of this Agreement: Article II, CHECK OFF
Article IV, DISCRIMINATION AND COERCION, except Section 3, Section 4, and Section 5 thereof.
Article V, WORKING HOURS: STRAIGHT TIME-OVERTIME * * * but excluding issues pertaining or relating in any way to the scheduling of work shifts, shutdowns, overtime, or continuous operations.
Article VI, RATES OF PAY, * * * but excluding any issue pertaining or relating in any way to the establishment, changing or elimination of a job classification or a wage rate, or the method by which an employee is paid.
Article VII, HOLIDAYS.
Article VIII, CONTINUITY OF SERVICE-SERVICE CREDITS.
Article IX, VACATIONS, except as to issues pertaining or relating in any way to the scheduling of vacation shutdown or the scheduling of an employee’s individual vacation period.
Article X, SENIORITY, excluding any issue pertaining or relating in any way to a determination, or the Company’s right to determine, that a lack of work situation exists recognizing, however, that the issues of whether the lack of work situation, so determined by the Company to exist, is a temporary lack of work situation or a permanent lack of work situation shall be, in itself, an arbitrable issue.
Article XI, REPRESENTATION
Article XVII, LISTS OF HIRINGS, LAYOFFS AND TRANSFER
Article XXII, JURY DUTY
Article XXIII, ABSENCE FOR DEATH IN FAMILY
Article XXV, Paragraph 2
Article XXVI, ISSUES OF GENERAL APPLICATION

[523]*523The employer answered the complaint, essentially denying all material allegations, and affirmatively pleading that the Collective Bargaining Agreement between the parties provided that certain matters concerning the application of Article X of the agreement are not subject to arbitration and that the subject matter of the grievance which was filed in behalf of the employee was excluded from arbitration by agreement of the parties.

The Union then filed a motion for summary judgment and a memorandum in support, alleging that there were no material facts in dispute and that the Court should enter an order requiring the employer to submit the grievance to arbitration. Subsequently, the employer undertook certain discovery, and after various motions to compel and other motions and responses relative to discovery, the Court permitted certain limited discovery which it felt went only to the issue of whether the parties had agreed to arbitrate the issue which was in dispute. After such limited discovery, the defendant then filed its motion for summary judgment and statement in support, also alleging that there was no material fact in dispute and asking that the Court find that it was not required to arbitrate the grievance that had been filed.

The Court has been blessed with excellent briefs submitted by the attorneys for both parties, and is now prepared to render its opinion which, although not technically required by Rule 52 of the Federal Rules of Civil Procedure, will include findings of fact and conclusions of law, separately stated.

FINDINGS OF FACT

1. The plaintiff, International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, is a labor organization within the meaning of 29 U.S.C. § 152(5), and is the exclusive bargaining representative of a unit of employees at defendant’s facility.

2. Local No. 716 is a labor organization within the meaning of 29 U.S.C. § 152(5) and is a creature of the International Union and has joint responsibility with the International in collective bargaining and contract administration at defendant’s facility.

3. Defendant, General Electric Company, is a corporation operating a manufacturing business in the State of Arkansas and is an employer within the meaning of 29 U.S.C.

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Bluebook (online)
539 F. Supp. 520, 1982 U.S. Dist. LEXIS 9588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-union-united-automobile-aerospace-agricultural-implement-arwd-1982.