Local 97, International Brotherhood of Electrical Workers v. Niagara Mohawk Power Corp.

196 F.3d 117, 162 L.R.R.M. (BNA) 2708, 1999 U.S. App. LEXIS 28114, 1999 WL 975711
CourtCourt of Appeals for the Second Circuit
DecidedAugust 18, 1999
DocketDocket No. 98-7138
StatusPublished
Cited by1 cases

This text of 196 F.3d 117 (Local 97, International Brotherhood of Electrical Workers v. Niagara Mohawk Power Corp.) 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 97, International Brotherhood of Electrical Workers v. Niagara Mohawk Power Corp., 196 F.3d 117, 162 L.R.R.M. (BNA) 2708, 1999 U.S. App. LEXIS 28114, 1999 WL 975711 (2d Cir. 1999).

Opinion

MESKILL, Circuit Judge:

Plaintiff-counter-defendant-appellant International Brotherhood of Electrical Workers, Local 97, A.F.L.-C.I.O. filed suit to confirm an arbitration award directing defendant-counter-claimant-appellee Niagara Mohawk Power Corporation to reinstate a previously discharged employee. After the parties cross-moved for summary judgment, the United States District Court for the Northern District of New York, Munson, granted judgment in defendant’s favor and vacated the award, on the ground that enforcement of the award would violate public policy. Local 97, Int’l Brotherhood of Elec. Workers v. Niagara Mohawk Power Corp., 1997 WL 793137 (N.D.N.Y. Dec.16, 1997). Plaintiff now appeals. Because we cannot conclude that reinstating the employee would violate clearly defined public policy, we vacate the judgment and remand to the district court with instructions to confirm the arbitration award.

BACKGROUND

I. Factual Background

Niagara Mohawk Power Corporation (Company) is a public utility licensed by the United States Nuclear Regulatory Commission (NRC) to operate two nuclear generating plants in New York state, located at Nine Mile Point in Lycoming, New York. The Company is engaged in the business of supplying and generating natural gas and electrical power to commercial, residential and industrial consumers throughout upstate New York. The Com[120]*120pany is an employer “in an industry affecting commerce” within the meaning of the Labor-Management Relations Act of 1947 (LMRA), 29 U.S.C. § 185(a).

The International Brotherhood of Electrical Workers, Local 97 (Union) is the only duly recognized collective bargaining agent for employees of the Company. The Union represents non-management employees in clerical, technical, production and maintenance job classifications, and is a “labor organization” under the LMRA. The Union and the Company have been parties to a series of collective bargaining agreements (CBA) which govern the hours, wages and working conditions of those employees represented by the Union. The CBA relevant to this litigation was in effect from June 1, 1993 to February 29, 1996.

The CBA limits the Company’s ability to discipline its represented employees and makes any such discipline subject to an agreed on grievance procedure. In particular, the CBA provides that employees may be terminated only for “just cause,” and that wrongfully discharged employees should be reinstated and compensated at the basic rate for all time lost.1 The grievance procedure provides for arbitration of unresolved disputes before a tripartite panel. According to the CBA, the decision of the arbitration panel is final and binding upon the parties.

The Company, as a licensed nuclear power plant operator, is subject to regulations promulgated by the NRC, many of which are concerned with insuring the reliability of the human resources used to operate and safeguard the structures and components that generate nuclear power. Among those regulations is 10 C.F.R. § 73.56, which requires a licensee to incorporate an “access authorization plan” into its Physical Security Plan. This access authorization plan must ensure that “individuals granted unescorted access are trustworthy and reliable” and “do not constitute an unreasonable risk to the health and safety of the public.” 10 C.F.R. § 73.56(b)(1). A licensee’s decision to grant or withhold access must be based on “review and evaluation of all pertinent information developed.” Id. § 73.56(b)(3).

Prior to his February 4, 1994 discharge, Michael O’Hearn (O’Hearn) had been employed as a Nuclear Security Officer at the Nine Mile nuclear facility for eight and one-half years and was subject to all requirements set by the NRC. In his capacity as a security officer, O’Hearn was responsible for monitoring certain of the nuclear facility’s alarm systems, enforcing the facility’s various security rules and regulations and responding to any active alarms. All Nuclear Security Officers, such as O’Hearn, receive NRC-mandated training in connection with the various internal security systems of the facility. At the Nine Mile facility the NRC-mandated alarm system consists of a Central (CAS) and Secondary (SAS) alarm systems. There is also a non-NRC-mandated alarm system known as the Central Alarm Receiving Station (CARS), which monitors two buildings, neither of which is within the actual nuclear plant container. When an alarm sounds, the signal is sent to a monitor, which is watched over by a security officer, who then is required to contact the fire department and follow any other instructions that are shown on the monitor.

While working the late shift on January 16, 1994, O’Hearn was assigned to alarm [121]*121station/escort duties, which included working in the SAS, the backup system to the CAS. O’Hearn reported to the SAS at approximately 3:00 a.m. At 3:16 a.m., a fire alarm sounded in the CARS area which O’Hearn promptly silenced. He failed to follow directions on the CARS console, however, and did not contact any of the listed response personnel.

About one hour later, at approximately 4:15 a.m., another Nuclear Security Officer on patrol noticed strobe lights flashing in the Operations Building. He informed a supervisor that the alarm was sounding and that there were no response personnel at the scene. When the supervisor contacted O’Hearn and asked him if he was aware of an alarm, O’Hearn told him that “[a] trouble alarm just came in.” When asked, O’Héarn told the supervisor that he had attempted to contact the fire department, but that he had been unable to speak with anyone. The supervisor then instructed O’Hearn to call Nine Mile Point’s control room so that the personnel on duty could radio the fire department. Soon after the fire department arrived at the Operations Building they discovered that the CARS alarm had been triggered by a broken sprinkler head. As a result of this malfunction, the building was partially flooded.

The next day, the Company began an investigation into the incident. During an interview with the Company’s General Supervisor for Nuclear Security Operations, O’Hearn untruthfully stated that there was only a “momentary delay” from the time the alarm sounded to when he called the control room; O’Hearn also stated that the delay occurred because he received no answer when he tried to contact the fire department. On January 17, 1994, on the advice of his supervisor, O’Hearn wrote a memorandum, setting forth his version of the events that took place the day before. In that memorandum, O’Heam misrepresented that the alarm had sounded at 4:15 a.m. He also stated that he notified the supervisor of the alarm and that he did not make any attempt to contact the fire department until after he had notified his supervisor.

Although the Security Department initially did not suspect that anything was amiss with respect to O’Hearn’s conduct, the significant amount of water damage in the Operations Building suggested that a longer amount of time had elapsed between when the alarm came in and when O’Hearn reported it to the fire department.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
196 F.3d 117, 162 L.R.R.M. (BNA) 2708, 1999 U.S. App. LEXIS 28114, 1999 WL 975711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-97-international-brotherhood-of-electrical-workers-v-niagara-mohawk-ca2-1999.