Ryder Truck Lines, Inc. v. Teamsters Freight Local Union No. 480

727 F.2d 594, 115 L.R.R.M. (BNA) 2912
Court of Appeals for the Sixth Circuit·Decided February 13, 1984·No. No. 81-5127·Published·Cited by 1 cases

Opinions

JOHN W. PECK, Senior Circuit Judge,

delivering the opinion of the Court.

A panel of this court vacated a district court’s judgment that awarded damages to an employer, Ryder Truck Lines (Ryder), under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, for injuries arising from an alleged violation by Teamsters Freight Local Union No. 480 (Local 480) of the no-strike provisions of a collective bargaining agreement. 705 F.2d 851 (6th Cir.1983). Although the panel upheld the district court’s resolution of various damages issues, it held that the district court’s failure to make a factual determination of the reason for the strike was reversible error because the agreement, properly construed, prohibited strikes only over arbi-trable disputes. Ryder filed a petition for rehearing, Fed.R.App.P. 40, and a suggestion for rehearing en banc, Fed.R.App.P. 35. This court granted the petition for rehearing and directed that the case be reheard en banc. 710 F.2d 233 (6th Cir.1983). The effect of this action was “to vacate the previous opinion and judgment of this Court ... and to restore the case on the docket as a pending appeal.” 6th Cir. R. 14. The parties have submitted supplemental briefs and this court has heard additional oral argument. We now affirm the judgment of the district court.

I. Background

A. The Collective Bargaining Agreement

Ryder and Local 480 were signatories to a national collective bargaining agreement, the National Master Freight Agreement, and a supplemental agreement, the Southern Conference Area Over-the-Road Supplemental Agreement.1 Each agreement contains a broadly worded no-strike provision. Article 44 of the supplemental agreement provides in relevant part:

The Unions and the employers agree that there shall be no strikes, lockouts, tieups, or legal proceedings without first using all possible means of settlement as provided for in this Agreement and in the National Agreement, if applicable, of any controversy which might arise.

Article 8, § 2(a) of the national agreement provides in relevant part:

The parties agree that all grievances and questions of interpretation arising from the provisions of this Agreement shall be submitted to the grievance procedure for determination. Accordingly, except as specifically provided in other Articles of the National Master Freight Agreement, no work stoppage, slowdown, walkout or lockout shall be deemed to be permitted or authorized by this Agreement except:
(1) failure to comply with a duly adopted majority decision of a grievance committee established by the National Master Freight Agreement or Suppl-mental [sic] Agreement;
(2) a National Grievance Committee deadlock of a grievance rendered pursuant to the procedures provided herein; and
(3) failure to make health and welfare and pension payments in the manner required by the applicable Supplemental Agreement.
* * * * *
The Local Union shall give the Employer a twenty-four (24) hour prior written notice of the Local Union’s authorization of strike action which notice shall specify the majority grievance committee decision or deadlocked National Grievance Committee decision providing the basis for such authorization. The Local Union shall comply with the provisions of the [596]*596applicable Supplemental Agreement relating to strike action resulting from delinquencies in the payment of health and welfare or pension contributions.

In addition to the three exceptions to the no-strike provisions listed in article 8, § 2(a), articles 9,2 27,3 and 284 of the national agreement outline explicit exceptions to the no-strike provisions in situations involving matters not covered by the grievance procedures adopted by the parties.

Finally, article 8 of the national agreement and articles 43 and 44 of the supplemental agreement outline grievance procedures. The broad character of the grievance procedure is reflected by the fact that approximately thirty six hundred grievances are docketed against Ryder under the grievance procedures per year.

B. The Dispute

This dispute, termed a “molehill” by the district court, concerned who was responsible for the cleaning of windshields. Pursuant to a local agreement applicable to Ryder’s St. Louis, Missouri terminal, Ryder employed one person, called a “fuel man”, to service trucks and to wash windshields. There was no formal policy or procedure regarding the washing of windshields when the fuel man was not on duty. Prior to May 1, 1977, Ryder supervisory personnel on occasion had left the terminal office to wash windshields when the fuel man was not on duty. Either on May 1, 1977 or shortly thereafter, Ryder’s new St. Louis terminal manager instituted a policy that supervisory personnel refrain from washing windshields and that drivers be required to wash their own windshields when the fuel man was not on duty. There was no evidence that this policy had been breached prior to May 16, 1977.

On May 16, 1977, two Nashville, Tennessee based Ryder drivers, Willie Thomas and Jerry Boyd, were awaiting assignment at St. Louis. Both drivers were members of Local 480. Ryder’s St. Louis dispatcher [597]*597called the drivers and advised them to come to the St. Louis terminal within the normal two-hour period to accept their assignments. After the drivers arrived at the terminal, they clocked in and conducted a “walk-around inspection” of their units. The drivers informed the dispatcher that the windshields were dirty and requested that they be cleaned.5

The dispatcher, after consulting a superi- or, advised the drivers that the fuel man was not on duty, that the company would not wash the windshields, and that, consequently, the drivers would have to wash their own windshields. The drivers telephoned their Nashville business agent, Frank Hopkins, who consulted Local 480 president, Luther Watson. After the conversation, the drivers refused to wash their windshields or to proceed until they were cleaned. The dispatcher, after again consulting his superior, informed the drivers that unless they proceeded as directed, they would be considered to have quit their jobs voluntarily. When the drivers adhered to their position, the dispatcher informed them that they had voluntarily quit and that they should leave the premises. The drivers refused to leave.

At this point, Ryder called police to remove the drivers from the premises. The police unsuccessfully requested the drivers to leave. The police also informed the dispatcher that they could remove the drivers only if a warrant for trespassing was issued. The dispatcher agreed to sign a warrant for trespassing. After the drivers again telephoned Hopkins, they announced that Ryder could fire them but that they would not leave the premises voluntarily because they had not quit their jobs. The drivers were arrested and escorted to jail.

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Ryder Truck Lines, Inc. v. Teamsters Freight Local Union No. 480, 727 F.2d 594, 115 L.R.R.M. (BNA) 2912 (6th Cir. 1984).

727 F.2d 594 (Ryder Truck Lines, Inc. v. Teamsters Freight Local Union No. 480) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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