JOE HUDSON COLLISION CENTER v. Dymond

40 So. 3d 704, 30 I.E.R. Cas. (BNA) 171, 2009 Ala. LEXIS 301, 2009 WL 5173504
CourtSupreme Court of Alabama
DecidedDecember 30, 2009
Docket1060809 and 1060856
StatusPublished
Cited by10 cases

This text of 40 So. 3d 704 (JOE HUDSON COLLISION CENTER v. Dymond) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
JOE HUDSON COLLISION CENTER v. Dymond, 40 So. 3d 704, 30 I.E.R. Cas. (BNA) 171, 2009 Ala. LEXIS 301, 2009 WL 5173504 (Ala. 2009).

Opinions

PARKER, Justice.

These two appeals are from the denial of two motions to compel the arbitration of claims asserted in a single complaint in the Montgomery Circuit Court. The appeals have been consolidated for the purpose of writing one opinion.

Background

Blake Dymond was hired by Joe Hudson Collision Center (“JHCC”) as a painter’s helper, and within days he was moved to the position of painter. He participated with two other painters in a plan under which each painter would receive one-third pay for all hours worked by the three painters, but when Dymond returned irom a two-day leave, the compensation method had been modified so that each painter was paid a commission for each job he completed. Dymond allegedly spoke to Kenneth Stringfellow, his immediate supervisor, to complain that the new payment method was unfair to him and that he was not being assigned jobs. String-fellow responded that Dymond worked more slowly than the others and that the earlier compensation method unfairly penalized the other two painters. Dymond alleges that on or about August 6, 2004, Stringfellow assaulted him when he attempted to bring the matter to the attention of Stringfellow’s supervisor.

On August 4, 2006, Dymond filed an action in the Montgomery Circuit Court, naming as defendants Stringfellow, in his individual capacity; JHCC; Joe Hudson, as an owner and operator of JHCC; Traw-eek Dickson,1 as an owner and operator of JHCC; and fictitiously named defendants. [707]*707He claimed that Stringfellow committed an assault and battery against him; that JHCC, Hudson, and Dickson (“the JHCC appellants”) were vicariously liable under the theory of respondeat superior and were negligent and/or wanton in their hiring, training, and supervision of String-fellow; and that all defendants were guilty of the tort of outrage.

Stringfellow and the JHCC appellants each filed a motion to compel arbitration under an agreement that was part of an “employment-dispute-resolution program,” which Dymond and Dickson signed on May 24, 20042 (“the agreement”). In their motion, the JHCC appellants averred that “[b]y executing the [agreement], ... Dy-mond agreed to participate in a dispute-resolution program which compels that all disputes involving matters directly or indirectly related to his employment ... be resolved through binding arbitration pursuant to the American Arbitration Association ‘National Rules for the Resolution of Employment Disputes.’ ” The agreement reads, in pertinent part, as follows:

“A. INTRODUCTION
“Please take time to read the following material. IT APPLIES TO YOU. It will govern all future legal disputes between you and [JHCC]....
“Effective July 15, 2008, all employee disputes will be referred for resolution through the JHCC Dispute Resolution Program (the ‘Program’)....
“This Program is binding on all employees .... Except as expressly provided below, this Program precludes an employee and JHCC from going to court to have disputes heard by a judge or a jury.
[[Image here]]
“B. SCOPE OF PROGRAM
“This [Program] covers all matters directly or indirectly related to your ... employment including, but not limited to, claims involving discrimination, harassment, or retaliation, whether brought under federal, state, of local laws. Except as provided in the following paragraph neither the employee nor JHCC may initiate or prosecute any lawsuit or action in any way related to any dispute covered by this Program.
“Excluded ... are employees claims for workers’ compensation benefits (except that retaliation claims must be arbitrated) or unemployment compensation. Also excluded ... are claims by JHCC for injunctions or other types of injunc-tive relief for unfair competition [and for the protection of trade secrets, confidential information, and restrictive covenants]. Moreover, nothing contained [herein shall be construed as] prohibiting an employee or JHCC from filing an administrative charge of discrimination or an unfair labor practice charge, or from reporting alleged violations of the law to the Equal Employment Opportunity Commission, the National Labor Relations Board, or any other governmental agency acting pursuant to federal or state law.
“Arbitration under this Program may be used to resolve only those disputes that would constitute a legal cause of action in a court of law. This Program is intended to substitute final and binding arbitration for going to court.... Arbitration must be initiated within the applicable statute of limitation.
[[Image here]]
“D. THE ARBITRATION PROCEDURE
[708]*708“Unless otherwise agreed by the parties, any arbitration under this Program shall be in accordance with the [American Arbitration Association’s] National Rules for the Resolution of Employment Disputes.... The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the inter-pi'etation, applicability, enforceability, formation, or scope of this Progi’am, including but not limited to any claim that all or any part of this Progi’am is void or voidable.
[[Image here]]
“F. JUDICIAL REVIEW
“Either party may bring an action in any proper court to require arbitration ... and to enforce an arbitration award. A party opposing enforcement of an award may not do so in an enforcement proceeding but must bring a separate action in any court of competent jurisdiction to set aside the award where the scope of review will be that established by the Federal Arbitration Act.
“G. GENERAL
“1. Interstate Commerce. By ... becoming or remaining employed with JHCC, you agree that JHCC engages in transactions involving interstate commerce and that your employment involves such commerce.
“2. Requirements for Modification or Revocation. This Program shall survive the termination of employment and shall apply to all disputes whether they arise or are asserted before, during, or after termination of employment with JHCC.
“3. Severability. If any portion or provision of this Program is found to be invalid or unenforceable in any respect, the remainder of the Program will remain in full force and effect.”

(Capitalization in original.)

In them brief on appeal the JHCC appellants present Dickson’s affidavit, in which he stated, in support of the motion to compel arbitration, that the business of JHCC both involves, and has a significant nexus with, interstate commerce. Also, as quoted above, section G of the agreement states that Dymond’s employment involves interstate commerce. Stringfellow quoted in his motion to compel arbitration that part of the agreement that says that the agreement “ ‘covers all matters directly or indirectly related to [the employee’s] recruitment, employment, terms and conditions of employment, including, but not limited to, claims involving ... harassment.’ ”

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

Related

Hillwood Office Ctr. Owners' Ass'n, Inc. v. Blevins
262 So. 3d 597 (Supreme Court of Alabama, 2018)
Rainbow Cinemas, LLC v. Consol. Constr. Co. of Ala.
239 So. 3d 569 (Supreme Court of Alabama, 2017)
Federal Insurance Co. v. Reedstrom
197 So. 3d 971 (Supreme Court of Alabama, 2015)
Wells Fargo Bank, N.A. v. Chapman
90 So. 3d 774 (Court of Civil Appeals of Alabama, 2012)
JOE HUDSON COLLISION CENTER v. Dymond
40 So. 3d 704 (Supreme Court of Alabama, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
40 So. 3d 704, 30 I.E.R. Cas. (BNA) 171, 2009 Ala. LEXIS 301, 2009 WL 5173504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joe-hudson-collision-center-v-dymond-ala-2009.