Office & Professional Employees International Union, Local 2 v. Washington Metropolitan Area Transit Authority

569 F. Supp. 797, 1983 U.S. Dist. LEXIS 14198
CourtDistrict Court, District of Columbia
DecidedAugust 30, 1983
DocketCiv. A. No. 81-2476
StatusPublished

This text of 569 F. Supp. 797 (Office & Professional Employees International Union, Local 2 v. Washington Metropolitan Area Transit Authority) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Office & Professional Employees International Union, Local 2 v. Washington Metropolitan Area Transit Authority, 569 F. Supp. 797, 1983 U.S. Dist. LEXIS 14198 (D.D.C. 1983).

Opinion

' MEMORANDUM OPINION

BARRINGTON D. PARKER, District Judge.

In Office and Professional Employees International Union, Local 2 v. Washington Metropolitan Area Transit Authority, 552 F.Supp. 622 (D.D.C.1982) (OPEIU), this Court entered summary judgment for plain[798]*798tiff, Office and Professional Employees International Union, Local 2 (Local 2), on the third and fourth causes of action of the First Amended Complaint.1 Currently before the Court is the motion of the defendant, Washington Metropolitan Area Transit Authority (WMATA) for summary judgment on the remaining two causes of action of the First Amended Complaint, counts one and two.2 On May 2, 1983, the Court issued a Notice to Counsel, requesting counsel to address the relevancy of Drake Bakeries, Inc. v. Local 50, American Bakery & Confectionery Workers International, AFL-CIO, 370 U.S. 254, 82 S.Ct. 1346, 8 L.Ed.2d 474 (1962). Based on Drake Bakeries and the reasons stated below, the Court sua sponte dismisses the first and second causes of action for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(h)(3), and orders the parties to submit those causes of action to arbitration.

The underlying facts in this litigation were reported in OPEIU, and need not be repeated. In its first cause of action, Local 2 seeks damages for breach of contract. Specifically, Local 2 lists six acts on the part of WMATA that amounted to breaches of the three agreements wherein Local 2 and WMATA had agreed to submit to the arbitration process. In the second cause of action, for which Local 2 also seeks damages, Local 2 contends that WMATA’s breaches of contract violated section 66(c) of the Compact, D.C.Code § 1-2431.

Before approaching WMATA’s motion for summary judgment on these causes of action, this Court must first ascertain whether there exists subject matter jurisdiction. The well-worn expression, “horn-book law,” aptly describes the proposition that the assertion of subject matter jurisdiction is open to question at any time, even on appeal by the court on its own initiative. At least since the decision of Louisville & Northern Railway v. Mottley, 211 U.S. 149, 29 S.Ct. 42, 53 L.Ed. 126 (1908), which has been “repeatedly ... reaffirmed,” Sumner v. Mata, 449 U.S. 539, 548 n. 2, 101 S.Ct. 764, 769 n. 2, 66 L.Ed.2d 722 (1981), the Supreme Court has held that neither the acquiescence of the court nor the consent of the parties can confer such jurisdiction upon a federal district court when none exists. Morris v. Washington Metropolitan Area Transit Authority, 702 F.2d 1037, 1040 (D.C.Cir.1983). This doctrine has been incorporated into Fed.R.Civ.P. 12(h)(3), which provides that “[wjhenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.” Consequently, despite the fact that both parties insist that this Court has jurisdiction to decide the motion for summary judgment,3 the Court is nonetheless required to inquire on its own initiative as to the source of that jurisdiction. Specifically, the issue is whether jurisdiction over the two causes of action lies in this Court, or instead with an arbitration board as provided for in the Compact.

Section 66(c) of the Compact provides for compulsory arbitration before an arbitration board of three arbitrators “[i]n case of any labor dispute” arising between WMA-TA and its employees.4 OPEIU, 552 F.Supp. at 629; H.R.Rep. No. 1155, 92d Cong., 2d Sess. 9 (1972) (House Report). The Compact itself clearly states that the term “labor dispute” is to be “broadly construed,” and goes on to state that the term [799]*799includes “any controversy ... that may arise ... including ... the making or maintaining of collective bargaining agreements.” It further defines “labor dispute” to include the “interpretation or application” of collective bargaining agreements. In concluding its definition of the term, section 66(c) adds the words, “and any grievance that may arise.” A broader definition cannot be imagined.

The Court therefore holds that the first and second causes of action fall within the term “labor dispute.” By alleging breach of the three contracts — i.e., collective bargaining agreements — Local 2 has raised a “labor dispute” by presenting a “grievance” as to the “making or maintaining” and “interpretation or application” of these agreements.

When a labor dispute subject to the Compact’s arbitration provisions arises, the Compact’s legislative history makes clear that this Court may not assert its jurisdiction; rather the dispute must be submitted to arbitration. Section 66(c) of the Compact provides, in mandatory language, that WMATA “shall submit such dispute to arbitration” (emphasis added). The Senate Report states that “all unsettled labor disputes between the parties will be referred to final and binding arbitration.” S.Rep. No. 931, 92d Cong., 2d Sess. 10 (1972) (Senate Report). The Court is limited to either compelling or enforcing arbitration. See OPEIU 552 F.Supp. at 628, quoting Senate Report at 9.

This policy of the Compact favoring arbitration of disputes, including damage suits for breach of contract, is identical to the policy governing similar suits under section 301(a) of the Labor Management Relations Act (Taft-Hartley Act), 29 U.S.C. § 185(a), and under the Railway Labor Act (RLA), 45 U.S.C. § 151 et seq.

The correlative principle under the TaftHartley Act was set forth by the Supreme Court in Drake Bakeries. In that proceeding, the employer sought damages in federal district court from the union for breach of the collective bargaining agreement. The agreement provided for arbitration of “all complaints, disputes or grievances . . . involving questions of interpretation or application ... of this contract, or any act or conduct or relation between the parties thereto, directly or indirectly.” 370 U.S. at 257, 82 S.Ct. at 1348. The Supreme Court held that the federal policy favoring arbitration of labor disputes, see, e.g, United Steelworkers of America v. American Manufacturing Co., 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403 (1960); United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 80 S.Ct. 1347, 4 L.Ed.2d 1409 (1960); United Steelworkers v. Enterprise Wheel & Car Corp.,

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Related

Louisville & Nashville Railroad v. Mottley
211 U.S. 149 (Supreme Court, 1908)
Elgin, Joliet & Eastern Railway Co. v. Burley
325 U.S. 711 (Supreme Court, 1945)
Slocum v. Delaware, Lackawanna & Western Railroad
339 U.S. 239 (Supreme Court, 1950)
United Steelworkers v. American Manufacturing Co.
363 U.S. 564 (Supreme Court, 1960)
United Steelworkers v. Enterprise Wheel & Car Corp.
363 U.S. 593 (Supreme Court, 1960)
Andrews v. Louisville & Nashville Railroad
406 U.S. 320 (Supreme Court, 1972)
Sumner v. Mata
449 U.S. 539 (Supreme Court, 1981)

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Bluebook (online)
569 F. Supp. 797, 1983 U.S. Dist. LEXIS 14198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-professional-employees-international-union-local-2-v-washington-dcd-1983.