Pick Quick Food, Inc. v. United Food & Commercial Workers Local 342

952 F. Supp. 2d 494, 2013 WL 3466451, 2013 U.S. Dist. LEXIS 97541
CourtDistrict Court, E.D. New York
DecidedJuly 10, 2013
DocketNo. 13-CV-1391 (JFB)(GRB)
StatusPublished
Cited by5 cases

This text of 952 F. Supp. 2d 494 (Pick Quick Food, Inc. v. United Food & Commercial Workers Local 342) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pick Quick Food, Inc. v. United Food & Commercial Workers Local 342, 952 F. Supp. 2d 494, 2013 WL 3466451, 2013 U.S. Dist. LEXIS 97541 (E.D.N.Y. 2013).

Opinion

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

. Petitioner Pick Quick Food, Inc. (“Pick Quick” or “petitioner”) filed an action in New York State Supreme Court, County of Nassau seeking an interim and permanent stay of the arbitration that respondent United Food and Commercial Workers, Local 342 (the “Union” or “respondent”) requested on behalf of grievant Anthony Colarusso (“Colarusso” or “grievant”). The state court granted petitioner’s request for a stay. Respondent then removed this matter to federal court. Respondent now brings a motion to dismiss the complaint, to vacate the stay, and to compel petitioner to proceed to: arbitration. For the following reasons, the Court concludes that the stay should be vacated and that the parties should proceed to arbitration.

In particular, the Union has filed a grievance and commenced an arbitration proceeding on behalf of Colarusso, alleging that he was not provided with certain overtime and premium pay or other entitlements, including vacation, personal, and sick days, in alleged violation of the Collective Bargaining Agreement (“CBA”) between the Union and Pick Quick. Pick [496]*496Quick asserts that arbitration is unwarranted because, although Colarusso participates in the Union’s medical and pension plans as a member of the Union, the CBA sets forth those employment classifications covered by the collective bargaining unit, which, according to petitioner, does not include supervisors like Colarusso; for this reason, petitioner argues that Colarusso’s grievance is not subject to arbitration. However, it is uncontroverted that (1) Colarusso is a member of the Union and an employee of Pick Quick; (2) the CBA in question covers the parties herein and members of the Union who are employees; and (3) the CBA’s broad arbitration clause clearly states that all disputes regarding the interpretation, application, or enforcement of any of the provisions of the CBA shall be resolved by arbitration (except for disputes concerning employer contributions to the funds affiliated with the Union, which is not at issue here). Furthermore, the language of the broad arbitration provision does not, on its face, limit itself solely to disputes between the Union and employees of Pick Quick and/or bargaining unit members; rather, the language appears to include disputes involving the Union and a Union member and Pick Quick. In other words, the parties have agreed that any disputes regarding the interpretation of provisions of the CBA — including whether a union member is a supervisor under the Agreement and whether such supervisory status causes him to be exempt from the CBA — should be resolved by an arbitrator.

Thus, the case must proceed to arbitration. The Court makes no ruling at this juncture regarding respondent’s motion to dismiss the complaint, pending the results of the parties’ forthcoming arbitration.

I. Background

A. Facts

Petitioner operates several retail supermarket stores in the counties of Nassau, Brooklyn, and the Bronx. (Pet’r Mem. of Law in Opp’n to Resp’t’s Mot. to Dismiss Compl, Vacate Stay and Compel Arbitration (“Pet’r’s Opp’n”) at 2.) Respondent serves as the exclusive bargaining representative for employees working in the meat and seafood departments of petitioner’s stores. (Id.) At all times relevant to this dispute, both petitioner and respondent were parties to a CBA, the application and terms of which are presently in dispute.

Of particular import to the parties is the scope of Article I to the CBA. It states, inter alia, as follows:

The Employer recognizes the Union as the exclusive bargaining representative of all its employees in its stores herein, engaged in the cutting, wrapping and selling of all fresh and smoked meat, poultry, fish and such products customarily handled in the Meat Department at retail in all its retail stores or supermarkets, and such additional classifications previously recognized by the Employer (as set forth in Schedule “A” herein), for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment or other better conditions of employment.

(Id. (citing Pet’r’s Opp’n Aff. of Benjamin J. Levine (“Levine Aff.”) Ex. 1).) “Schedule A,” as referenced in Article I of the CBA, lists the following classifications of employees: a meat department head, journeyman meat cutter, apprentice meat cutter, delicatessen seafood department head, weigher and wrapper delicatessen and seafood clerks. (Id. (citing Levine Aff. Ex. U.)

Colarusso first began working for Pick Quick on September 12, 1983 as a meat cutter. (Pet’r’s Opp’n at 3.) Over his near [497]*497thirty years with Pick Quick, Colarusso worked in various capacities in its meat departments. (Id.) The position of greatest interest to the parties, for purposes of this dispute, is Colarusso’s assumption of a supervisory position in the meat department, which occurred on July 24, 1990. (Id. (citing Levine Aff. ¶ 6); Resp’t Mem. of Law in Supp. of Mot. to Dismiss Compl., Vacate Stay and Compel Arbitration (“Resp’t Mem.”) at 3.) The parties each refer to Colarusso’s elevated position as that of “meat supervisor.” (See Resp’t Mem. at 3-4; Pet’r’s Opp’n at 3-4.) However, while the parties appear to be in agreement that Colarusso held the title of “meat supervisor” during his time with Pick Quick, the parties dispute whether it is the role of the Court or the arbitrator to determine whether Colarusso was a supervisor for purposes of the CBA and, if so, whether a holding of such a supervisory position has the effect of exempting him from the CBA.

B. Procedural History

Petitioner initially filed this action in the Supreme Court of New York,. Nassau County, and on March 18, 2013, respondent removed the action to this Court. On April 5, 2013, respondent requested a premotion conference in anticipation of moving to dismiss plaintiffs complaint, as well as cross-moving to compel arbitration and vacate the state court’s imposed stay. The pre-motion conference was held on May 1, 2013. On May 21, 2013, respondent filed its motion to dismiss, vacate stay, and compel arbitration. Petitioner submitted its opposition on June 5, 2013; respondent replied on June 13, 2013. On June 18, 2013, this Court heard oral argument and, following petitioner’s request, allowed the parties to subsequently submit a letter supplementing those issues addressed during oral argument. On June 25, 2013, petitioner submitted its letter, and on June 28, 2013, respondent submitted its response.

The Court has fully considered the parties’ submissions.

II. The Parties’ Arguments

The Court briefly summarizes the parties’ respective arguments. Respondent asserts that the issue of whether Colarusso constitutes a beneficiary under the CBA and/or whether his supervisory status causes him to be exempt from the CBA’s terms is a determination best left to the arbitrator. This is so, respondent contends, because (1) the parties had a valid CBA with one another; (2) Colarusso was an employee of Pick Quick’s and a member of the Union, thus falling under the CBA’s purview; (3) the CBA contains a broad arbitration clause; and (4) pursuant to the clause’s broad language, disputes concerning the CBA’s terms, such as this one, must proceed to arbitration. (See Resp’t Mem. at 1-4.)

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Bluebook (online)
952 F. Supp. 2d 494, 2013 WL 3466451, 2013 U.S. Dist. LEXIS 97541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pick-quick-food-inc-v-united-food-commercial-workers-local-342-nyed-2013.