Local 807, International Brotherhood of Teamsters v. Brink's Inc.

744 F.2d 283
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 5, 1984
DocketNo. 1245, Docket 84-7244
StatusPublished
Cited by6 cases

This text of 744 F.2d 283 (Local 807, International Brotherhood of Teamsters v. Brink's Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Local 807, International Brotherhood of Teamsters v. Brink's Inc., 744 F.2d 283 (2d Cir. 1984).

Opinion

LUMBARD, Circuit Judge:

Plaintiff-appellant Local 807, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America (Teamsters’ Union), brought suit in the Eastern District of New York to obtain an order compelling defendants-appellees Brink’s Inc. (Armored Car Division), Brink’s Air Courier Division, and Purolator Armored, Inc., to arbitrate their refusal to extend recognition of plaintiff as their employees’ representative union beyond the expiration of their current labor contracts. Plaintiff also sought a preliminary injunction compelling defendants to maintain the terms of their collective bargaining agreements with plaintiff beyond the agreements’ expiration dates. Judge Costantino concluded that the arbitration clause contained in the current agreements did not obligate defendants to arbitrate disputes arising after expiration of those agreements, and that the court lacked jurisdiction to compel defendants to maintain their collective bargaining agreements in effect beyond the plainly stated expiration dates. As we agree with both conclusions, we affirm the dismissal of plaintiff’s suit.

From the 1940s until June 1979, Armored Car Chauffeurs and Guards Local Union 820 of the Teamsters’ Union was the recognized union representative for armored car guards employed by the three defendants: Brink’s Inc. (Armored Car division), Brink’s Air Courier Division, and Purolator Armored, Inc. In June 1979, during the term of its three-year collective bargaining agreements with defendants running from 1977-1980, Local 820 was taken over by Local 807 of the Teamsters’ Union. Unlike Local 820, Local 807 admits both guards [285]*285and nonguards into membership. Defendants permitted Local 807 to assume the rights and obligations of Local 820 under the 1977-1980 agreements, and entered into subsequent collective bargaining agreements directly with Local 807, the last ones due to expire on March 19, 1984 (Purolator’s), March 18, 1984 (Brink’s Armored), and April 8, 1984 (Brink’s Air Courier).

In early 1984, about two months before the expiration of their respective contracts, Purolator and the two divisions of Brink’s independently notified Local 807 that, although they would honor the terms and conditions of the collective bargaining agreements until their expiration dates, they would not recognize Local 807 as the bargaining representative of their guard employees after that date. As the reason for their refusal to continue the bargaining relationship, all three defendants asserted that under the provisions of § 9(b)(3) of the National Labor Relations Act (NLRA), 29 U.S.C. § 159(b)(3), the combined guard and nonguard membership of Local 807 disqualified it from representing guard employees.

After notifying Brink’s and Purolator of its disagreement with their interpretation of § 9(b)(3), Local 807 filed unfair labor practice charges with the NLRB, alleging that the companies’ refusal to recognize and bargain with the union and their failure to maintain the terms of the parties’ collective bargaining agreements after the expiration dates were a violation of §§ 8(a)(1), (3) and (5). Those charges are still pending before the Board.

Simultaneously, Local 807 referred the dispute to the Federal Mediation and Conciliation Service (FMCS), for recommendation of a panel to arbitrate whether the collective bargaining agreements were breached when the companies: (1) threatened to withdraw recognition of their employees’ chosen bargaining representative; (2) refused to bargain for a successor labor agreement with their employees’ chosen representative; and (3) threatened to terminate their obligations under the prevailing labor agreements as of the expiration dates set forth therein. When Brink’s and Purolator refused to participate in the selection of an arbitration panel, Local 807 filed suit in the Eastern District pursuant to § 301 of the Labor Management Relations Acts (LMRA), 29 U.S.C. § 185, which gives the district court original jurisdiction over suits brought to enforce collective bargaining agreements. Local 807 sought a preliminary injunction compelling defendants to continue the terms of the collective bargaining agreements in effect beyond the agreements’ expiration dates, and an order compelling defendants to arbitrate the three questions listed above pursuant to the arbitration clause included in all three collective bargaining agreements.

After a hearing, Judge Costantino denied the motion for a preliminary injunction and dismissed the complaint. As to plaintiff’s request for an order compelling arbitration, the court held that, although the companies’ refusal to recognize or bargain with Local 807 after expiration of the current collective bargaining agreements might be a violation of the NLRA (the question now pending before the Board), it was not arbitrable under the collective bargaining agreements because withdrawal of recognition would not occur until after the agreements had expired, and hence would neither violate their provisions nor be governed by their arbitration clauses. As to plaintiff's request for a preliminary injunction, the court held that it lacked jurisdiction to compel the defendants to maintain the terms of their collective bargaining agreements after the agreements had expired, as nothing in the agreements provided for such an extension beyond the plainly stated expiration date. Plaintiff appeals from that dismissal.

We agree with the district court. The gravamen of plaintiff’s complaint is that defendants, upon expiration of their current collective bargaining agreements, withdrew recognition of Local 807 as bargaining representative. Whether that withdrawal constitutes an unfair labor practice depends upon a construction of [286]*286§ 9(b)(3) of the NLRA, 29 U.S.C. § 159(b)(3), which provides that:

... no labor organization shall be certified as the representative of employees in a bargaining unit of guards if such organization admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than guards.

Both issues — how § 9(b)(3) should be construed and whether defendants have committed an unfair labor practice — are now before the NLRB, the proper forum to resolve them.

That the issues are before the NLRB does not preclude plaintiff from raising them concurrently in an arbitration proceeding. Smith v. Evening News Ass’n., 371 U.S. 195, 197-98, 83 S.Ct. 267, 268-269, 9 L.Ed.2d 246 (1962). Furthermore, as plaintiff asserts, there is a general policy in favor of resolving labor disputes through arbitration, Nolde Brothers, Inc. v. Local No. 358, Bakery & Confectionary Workers Union, 430 U.S. 243, 254-55, 97 S.Ct. 1067, 1073-1074, 51 L.Ed.2d 300 (1977), and the collective bargaining agreements in force between plaintiff and defendants until March and April of this year all contained broad arbitration clauses.

However, for the court to compel arbitration of this dispute, the claims must on their face be governed by the terms of the collective bargaining agreements. United Steel Workers v.

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Local 807 v. Brink's Inc.
744 F.2d 283 (Second Circuit, 1984)

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744 F.2d 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-807-international-brotherhood-of-teamsters-v-brinks-inc-ca2-1984.