Local Union No. 4343 of the United Mine Workers v. Old Ben Coal Co.

762 F. Supp. 251, 1991 U.S. Dist. LEXIS 16242, 1991 WL 60839
CourtDistrict Court, S.D. Indiana
DecidedFebruary 28, 1991
DocketNo. 90-25-C
StatusPublished

This text of 762 F. Supp. 251 (Local Union No. 4343 of the United Mine Workers v. Old Ben Coal Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Local Union No. 4343 of the United Mine Workers v. Old Ben Coal Co., 762 F. Supp. 251, 1991 U.S. Dist. LEXIS 16242, 1991 WL 60839 (S.D. Ind. 1991).

Opinion

MEMORANDUM

BROOKS, Chief Judge.

I. INTRODUCTION

On February 21, 1990 the plaintiff filed its Verified Complaint and Application for “Preliminary And Permanent Injunction, Enforcement of Arbitration Award and Damages.” Jurisdiction over this case is conferred by the Labor Management Relations Act, 29 U.S.C. § 185.

The Defendant moved for Dismissal on March 6, 1990. On the same day the Court conducted a hearing on Plaintiff's Request for Preliminary and Permanent Injunction. At that hearing the parties agreed that all motions could be presented to the Court through briefing and that the defendant’s motion for dismissal would be treated as one for summary judgment.

[253]*253II. SUMMARY JUDGMENT STANDARD

Fed.R.Civ.P. 56 governs summary judgment and subsection (c) states that “the judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”

Summary judgment is not intended to be a substitute for a trial on the disputed facts, rather it is intended to dispose of those cases which have no genuine issue of material fact to litigate. Federal Savings and Loan Ins. Corp. v. Williams, 599 F.Supp. 1184 (D.C.Md.1984). By granting a motion for summary judgment the court is concluding that, based upon the evidence which the court has available, no reasonable jury could return a verdict favoring the party against whom the summary judgment has been granted. Munson v. Friske, 754 F.2d 683 (7th Cir.1985).

The purpose of Rule 56 is to avoid unnecessary protracted litigation. Summary judgment allows the court to dispose of meritless claims before becoming entrenched in frivolous and costly trials. Donahue v. Windsor Locks Bd. of Fire Comm’rs, 834 F.2d 54 (7th Cir.1987). Although, if disposing of a summary judgment motion requires as much time as a full trial on the merits, Rule 56 no longer serves the purpose of economizing the court’s and litigants’ time, and as such, should be denied. Elliott v. Elliott, 49 F.R.D. 283 (D.C.N.Y.1970); 10 Wright and Miller, Federal Practice and Procedure, Summary Judgment Proceedings § 2728 at 557-558.

When reviewing a motion for summary judgment courts must give the benefit of all inferences to the party opposing the motion and examine the record in the light most favorable to that party. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962) and Illinois v. Bowen, 808 F.2d 571 (7th Cir.1986).

A party opposing summary judgment, who bears the ultimate burden of proof at trial, may not rely solely on its pleadings, but must affirmatively show the court that a genuine issue of material fact exists to be tried. Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Bare assertions are not sufficient to survive summary judgment, as the Supreme Court has stated that a party must show more than a “metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986).

A court is to act with caution when granting a motion for summary judgment and may deny the motion when reason exists to believe that the better course is to proceed to a full trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

This does not mean that a court should be reluctant to grant summary judgment when the record reflects that no genuine issue of material fact exists. The purpose of summary judgment procedure is to eliminate trial in cases where trial is unnecessary and would result in delay and expense, and, with an ever-increasing burden upon the judiciary, persuasive reasons exist for utilization of summary judgment procedures whenever possible; courts therefore will not strain to find the existence of a genuine issue of material fact where none exists. The Supreme Court has stated that:

Summary Judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole which are designed to secure the just, speedy and inexpensive determination of every action.... Rule 56 must be construed with due regard not only for the rights of persons asserting claims and defenses that are adequately based in fact to have those claims and defenses tried to a jury, but also for the rights of persons opposing such claims and defenses to demonstrate in the manner provided by the [254]*254rule, prior to trial, that the claims and defenses have no factual basis.

Celotex, 477 U.S. at 326-327, 106 S.Ct. at 2555.

III. THE DISPUTE

The parties herein have entered into a collective bargaining agreement, the Bituminous Coal Wage Agreement of 1988. Pursuant to that agreement the parties are to submit certain disputes to arbitration.

In May, 1989 Old Ben Coal Company (Company) replaced its sixty yard bucket on the Number Two, 1370 dragline with a seventy-two and one-half yard bucket. The United Mine Workers of America, District 11, Local Union 4343 (Union) filed a grievance contending that all buckets which exceed 65 yards must be manned by four employees and that Company had refused to add a fourth person to the preexisting three person crew.

On October 12, 1989 Arbitrator David L. Beckman issued an Opinion and Award favoring Union. In that Award, Arbitrator Beckman found that Company should have assigned a fourth employee to the 1370 dragline and ordered that Union be compensated back pay for the period of time in which only three employees manned the dragline. In addition, he stated that “[f]or the future, management is hereby directed to use a four-person crew on the 1370 drag-line at any time it is using the 72.5-yard bucket.” See Opinion and Award, Case No. 11-89-26, October 12, 1989.

The instant controversy began in February, 1990 when Company gave Union notice that it intended on reducing the number of employees from four to three on the 1450 dragline, after replacing its seventy-two and one-half yard bucket with a sixty-five yard bucket. Union filed this action claiming that the prior arbitration award is effective, applies herein, and should be enforced by this Court.

Company has two defenses.

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762 F. Supp. 251, 1991 U.S. Dist. LEXIS 16242, 1991 WL 60839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/local-union-no-4343-of-the-united-mine-workers-v-old-ben-coal-co-insd-1991.