Labor Relations v. IBT, Local 379

CourtCourt of Appeals for the First Circuit
DecidedJuly 19, 1994
Docket93-2122
StatusPublished

This text of Labor Relations v. IBT, Local 379 (Labor Relations v. IBT, Local 379) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Labor Relations v. IBT, Local 379, (1st Cir. 1994).

Opinion

USCA1 Opinion


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 93-2122

LABOR RELATIONS DIVISION OF CONSTRUCTION
INDUSTRIES OF MASSACHUSETTS, INC., ET AL.,

Plaintiffs-Appellees,

v.

INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFERS,
WAREHOUSEMEN AND HELPERS OF AMERICA, LOCAL #379,

Defendant-Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. A. David Mazzone, U.S. District Judge]
___________________

____________________

Before

Breyer,* Chief Judge,
___________
Coffin, Senior Circuit Judge,
____________________
and Torruella, Circuit Judge.
_____________

_____________________

Paul F. Kelly, with whom Anne R. Sills and Segal, Roitman &
_____________ _____________ ________________
Coleman were on brief for appellant.
_______
John D. O'Reilly III, with whom O'Reilly & Grosso was on
_____________________ __________________
brief for appellees.
____________________

July 19, 1994
____________________

____________________

* Chief Judge Stephen Breyer heard oral argument in this matter
but did not participate in the drafting or the issuance of the
panel's opinion. The remaining two panelists therefore issue
this opinion pursuant to 28 U.S.C. 46(d).

TORRUELLA, Circuit Judge. The circumscribed role of
______________

federal courts reviewing arbitration awards in labor contract

disputes is now well established. As the Supreme Court found in

United Paperworkers Int'l Union v. Misco, Inc., 484 U.S. 29, 36-
________________________________ ___________

45 (1987), courts must resist the temptation to substitute their

own judgment about the most reasonable meaning of a labor

contract for that of the arbitrator and avoid the tendency to

strike down even an arbitrator's erroneous interpretation of such

contracts. Instead, courts must confine themselves to

determining whether the arbitrator's construction of the contract

was in any way plausible.

The issue in this case is whether any plausible reading

of a collective bargaining agreement supports an arbitrator's

ruling in a dispute over fringe benefit contributions.

Plaintiffs-appellees, J.M. Cashman, Inc. and R. Zoppo Co., Inc.

(the "plaintiffs" or "Cashman and Zoppo"), challenged the

arbitration order, which favored the defendant-appellant,

International Brotherhood of Teamsters, Chauffeurs, Warehousemen

and Helpers of American, Local 379 (the "Union"), in the district

court. The district court vacated the arbitration award and

remanded the dispute to the arbitrator for a new resolution of

the case. Because we find that the district court stepped

outside of its highly circumscribed role of assessing the

plausibility of the arbitrator's interpretation of the agreement

between the parties, we reverse the court's holding.

Nevertheless, we agree with the district court that the case

-2-

should be remanded to the arbitrator for resolution of a related

issue of federal law.

I. BACKGROUND
I. BACKGROUND

This case arises out of the arbitration of a dispute

between the Union and a group of contractor-employers, including

plaintiffs Cashman and Zoppo, involved in the construction of

waste water treatment facilities in Boston Harbor (the "Boston

Harbor Project"). On March 2, 1992, the Union filed grievances

against Cashman, Zoppo, and six other project employers, claiming

that truck drivers on the Boston Harbor Project who owned and

drove their own trucks, so called "owner-operators," should

receive certain fringe benefit contributions that the employers

were already paying on behalf of other Boston Harbor Project

employees. The grievances asserted that the Boston Harbor

Project Labor Agreement ("Project Agreement"), signed by the

Union and the employers, required that the same "health and

welfare contributions and all pension contributions" made on

behalf of other employees must also be made on behalf of the

owner-operators.

The employers claimed that they did not have to pay

fringe benefits on behalf of owner-operators because the contract

did not require it and, more importantly, because the Union and

many of the employers had a long-standing practice of not paying

such owner-operator benefits going back at least twenty-six

years. According to the employers, this practice was established

after the Union and certain employer-contractors on a number of

-3-

state construction projects (not including Cashman and Zoppo

themselves) agreed that, to the extent a nucleus of owner-

operator truck drivers would be present on any individual

construction project, the employers would not be required to pay

fringe benefits for the owner-operators. The employers working

on the Boston Harbor Project, who were required to sign the

Project Agreement in order to bid initially on the work, see
___

Building & Constr. Trades Council v. Associated Builders &
_____________________________________ _______________________

Contractors, Inc., 113 S. Ct.

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