Karalewitz v. UE & C-Catalytic

811 F. Supp. 311, 143 L.R.R.M. (BNA) 2839, 1993 U.S. Dist. LEXIS 880, 1993 WL 17449
CourtDistrict Court, E.D. Michigan
DecidedJanuary 21, 1993
DocketNo. 92-70593
StatusPublished
Cited by1 cases

This text of 811 F. Supp. 311 (Karalewitz v. UE & C-Catalytic) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Karalewitz v. UE & C-Catalytic, 811 F. Supp. 311, 143 L.R.R.M. (BNA) 2839, 1993 U.S. Dist. LEXIS 880, 1993 WL 17449 (E.D. Mich. 1993).

Opinion

ORDER GRANTING DEFENDANT CARPENTERS LOCAL 1301’S MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

On January 22, 1992, plaintiff filed his complaint in this matter. Defendants each filed answers to the complaint. On September 22, 1992, a stipulation and order were entered whereby the parties agreed to dismiss defendant United Brotherhood of Carpenters and Joiners of America (“UBCJA”) from the action without prejudice. On September 25, 1992, a stipulation and order for amendment of the caption were filed whereby the parties agreed to dismiss count III of the complaint [the only count of plaintiffs complaint directed to defendant Detroit Edison Company], to dismiss defendant Detroit Edison Company without prejudice, and to delete the names of defendants Detroit Edison Company and UBCJA from the caption of the action. On October 26,1992, defendant Carpenters Local 1301 filed this motion for summary judgment. Defendant UE & C-Catalytic also filed a motion for summary judgment October 26, 1992. Plaintiff filed a response November 13,1992. Defendant Carpenters Local 1301 filed a reply November 24,1992. On November 18, 1992, a stipulation and order were entered whereby the parties agreed to dismiss defendant UE & C-Catalytic from the action with prejudice.

I. Facts

A. The Underlying Incident

In reviewing a motion for summary judgment, the court must view the evidence in the light most favorable to the non-moving party. Bender v. Southland Corp., 749 F.2d 1205, 1210-11 (6th Cir.1984). The court therefore states the facts alleged by the parties in a light most favorable to plaintiffs case.

Plaintiff Robert Karalewitz has been a member of defendant Carpenters Local 1301 (“Local 1301”) for fifteen years. On or about April 29, 1991, plaintiff was employed by UE & C-Catalytic (“Catalytic”). Pursuant to an agreement between Catalytic and Detroit Edison, plaintiff was working for Catalytic as a night carpenter foreman at Detroit Edison’s Fermi II nuclear power construction project in Monroe, Michigan.

Catalytic is party to the General Presidents’ Project Maintenance Agreement (“GPPMA”) with, inter alia, the United Brotherhood of Carpenters and Joiners of America (“UBCJA”). Defendant Local 1301 claims that it was not a party to any collective bargaining agreement with Detroit Edison or Catalytic. Neither party has presented evidence of the GPPMA itself in the form of an exhibit. However, defendant cites to a case, Plumbers and Pipefitters Local 520 v. Nat’l Labor Relations Bd., 955 F.2d 744 (D.C.Cir.1992), which describes in detail the GPPMA and the relationship it forms among Catalytic, the international unions, and the affiliated locals of these unions:

Catalytic’s craft employees are covered by a collective bargaining agreement known as the General Presidents’ Project Maintenance Agreement, [ftnt deleted] The GPPMA is negotiated on a nationwide basis; its signatories are fourteen International building trade unions and several engineering contractors, including Catalytic. With the exception of wage rates, certain benefit packages and hiring hall practices (all of which are negotiated by the Local unions), the national agreement covers most conditions of employment for craft employees in the designated bargaining units. The Local unions are not signatories to the GPPMA; however, each Local is affiliated with one of the signatory International unions. Thus, although the Locals [313]*313monitor compliance with the terms of the GPPMA, the affiliated International is the recognized bargaining representative for the employees in the designated local bargaining units.

Id., 955 F.2d at 746-47. In this case, Local 1301 is affiliated with the UBCJA, which is the signatory the GPPMA.

On Monday, April 29, 1991, a co-worker of plaintiff William Wroblewski told plaintiff that he had some old drill bits that he had brought into work to give to plaintiff for plaintiff to use in his hobby work of stone carving. Plaintiff accepted the bits and put them in his pocket. On April 29, 1991, William Wroblewski contacted Mike Candela of the Fermi II security department to inform him that security should be on the lookout for a person fitting plaintiffs description who would be leaving the construction site with company property. Candela passed this information on to other security staff at a shift briefing.

As plaintiff was leaving work on April 30, 1991, he was stopped by security and searched. Security found the drill bits and a half-empty container of “super glue” in plaintiffs pocket.1 Plaintiffs security clearance (which was required for entrance to the nuclear facility) was immediately terminated without any follow-up written notice and without a proper investigation.2 Because the revocation of plaintiffs security clearance meant he was no longer able to enter the facility, plaintiffs employer, Catalytic, terminated plaintiffs employment on or about April 30, 1991. Witnesses later interviewed by J.L. Martin of the Quality Assurance department of the Nuclear Regulatory Commission corroborated plaintiff’s continuing claim that he was “set up” by Wroblewski because Wroblewski had long harbored animosity towards plaintiff.

B. The Grievance Procedure

Soon after his dismissal, plaintiff contacted Larry Barnett. Barnett had been appointed by the General President as union job site representative in accord with Article IX of the GPPMA, to represent all of the trades on the Fermi II project site.

The grievance procedure under the GPPMA, according to the court in Plumbers, cited supra, is as follows:

The GPPMA establishes a four-step grievance and arbitration procedure for disputes arising under the contract. See GPPMA at 9-10. Step One of the process consists of a meeting between the aggrieved employee and/or representative from the Local union and the employee’s immediate supervisor. If the grievance is not resolved it proceeds to Step Two, at which a representative of the Local and a representative of the affiliated International Union consult with the employer’s labor relations manager. If Step Two is unsuccessful, the grievance is referred in Step Three to the General Presidents’ Committee (“GPC”), which includes a representative of each of the International Unions that are signatories to the GPPMA (there are no employer representatives). At Step Three of the process, representatives from the employer and the International Union responsible for the grievance are permitted to make oral and written presentations to the GPC. If the GPC and the employer are unable to reach agreement as to the appropriate disposition of [314]*314the grievance within ten days after the hearing, either the employer or the International may invoke Step Four of the process. See id.

Plumbers, 955 F.2d at 748.

According to defendant, Local 1301 played no role in appointing or directing Barnett in his duties as representative.

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811 F. Supp. 311, 143 L.R.R.M. (BNA) 2839, 1993 U.S. Dist. LEXIS 880, 1993 WL 17449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karalewitz-v-ue-c-catalytic-mied-1993.