Teamsters Local 315 v. Union Oil Company of California

856 F.2d 1307, 129 L.R.R.M. (BNA) 2249, 1988 U.S. App. LEXIS 11981, 1988 WL 90476
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 2, 1988
Docket87-2449
StatusPublished
Cited by9 cases

This text of 856 F.2d 1307 (Teamsters Local 315 v. Union Oil Company of California) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Teamsters Local 315 v. Union Oil Company of California, 856 F.2d 1307, 129 L.R.R.M. (BNA) 2249, 1988 U.S. App. LEXIS 11981, 1988 WL 90476 (9th Cir. 1988).

Opinions

BEEZER, Circuit Judge:

Union Oil Company of California (Unocal) appeals the district court’s grant of summary judgment in favor of Teamsters Local 315 (Union) compelling Unocal to arbitrate a dispute concerning the medical fitness of an employee who was not allowed to return to work. We reverse.

FACTS

Unocal and the Union are parties to a collective-bargaining agreement that provides for arbitration of grievances. This agreement contains strict limitations on the scope of arbitrable disputes. The Union seeks to compel arbitration of a dispute arising out of Unocal’s refusal to return an employee, Norman Simon, to work after a medical leave. Simon suffered an industrial injury and was unable to return to work. He received sick-pay allowance in accordance with the collective-bargaining agreement until May 1986 when all available benefits credited to him were used.

Simon’s physician cleared him to return to work. Upon review of the employee’s job responsibilities, however, Unocal’s physician determined that Simon was not medically qualified to perform his job. Pursuant to its physician’s recommendation, Unocal refused to allow Simon to return to work. Nonetheless, he remained employed by Unocal, albeit an inactive employee, and continued to accrue seniority pursuant to Article III of the agreement. The Union filed a grievance alleging that Unocal’s refusal to return Simon to work violated the agreement’s seniority provisions, although the seniority provisions do not specifically refer to disputes involving the physical fitness of employees to work. Unocal refused to arbitrate the issue since Simon was still an employee and continued to accrue seniority. Moreover, it contended that its decision that Simon was not medically qualified to return to work was a management decision not specifically abridged by the collective-bargaining agreement.

The Union filed a petition to compel arbitration in California Superior Court. Unocal removed the case to federal district court. After cross-motions for summary judgment and a hearing, the district court granted the Union’s motion for summary judgment compelling Unocal to arbitrate the underlying dispute. Recognizing that the collective-bargaining agreement allowed arbitration only for express violations, the court formulated the issue before it as “whether the Union has made a bona fide allegation that Unocal’s actions violated the seniority provisions of the collective bargaining agreement.” The court admitted that the question was a “close one.”

Relying on United Steelworkers v. American Mfg. Co., 363 U.S. 564, 80 S.Ct. 1343, 4 L.Ed.2d 1403 (1960), the district court concluded that “the instant dispute falls within the scope of the arbitration clause, and is one which the parties have agreed to arbitrate.” The district court conceded that the arbitration provision in American Mfg. Co. was broader than the arbitration clause in the present case and that “at first blush it does not appear that disputes involving returning an employee to work would fall within the purview of the seniority provisions of the collective bargaining agreement.” Nonetheless, the court reasoned that “the [American Mfg. Co.] Court implied that a dispute which is nearly identical to the instant dispute between the Union and the employer falls within the coverage of a seniority provision containing terms which are nearly identical to those contained in the collective bargaining agreement between the Union and Unocal.” The court accordingly granted the Union’s motion for summary judgment “because doubts should be resolved in favor of arbitrability.” Unocal timely appeals.

[1309]*1309ANALYSIS

A grant of summary judgment is reviewed de novo. Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir.1986). The issue before us is whether the underlying dispute —whether Simon is medically fit to return to work — is arbitrable under the terms of the collective-bargaining agreement.

In AT & T Technologies, Inc. v. Communications Workers of America, 475 U.S. 643, 106 S.Ct. 1415, 89 L.Ed.2d 648 (1986), the Supreme Court outlined important principles from the Steelworkers Trilogy1 governing petitions to compel arbitration under collective-bargaining agreements. The first principle is that “ ‘arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed to so submit.’ ” Id. at 648, 106 S.Ct. at 1418 (quoting United Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582, 80 S.Ct. 1347, 1352-53, 4 L.Ed.2d 1409 (1960)). The duty to arbitrate depends solely on the parties’ contractual agreement to settle certain type of disputes by arbitration. See Francesco’s B., Inc. v. Hotel & Restaurant Employees, 659 F.2d 1383, 1387 (9th Cir.1981). We must thus determine whether the resisting party has, in fact, agreed by contract to submit the dispute to the arbitration process. Id.

The second principle is that the question of arbitrability, i.e., whether the collective-bargaining agreement creates a duty to arbitrate a particular grievance, is an issue for the court to decide, not the arbitrator. AT & T, 475 U.S. at 649, 106 S.Ct. at 1419.

Another principle set forth by the Supreme Court is that if a contract contains an arbitration clause,

there is a presumption of arbitrability in the sense that “[a]n order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause is not susceptible of an interpretation that covers the asserted dispute. Doubts should be resolved in favor of coverage.”

Id. 475 U.S. at 650, 106 S.Ct. at 1419 (quoting Warrior & Gulf, 363 U.S. at 582-83, 80 S.Ct. at 1353). The Court reasoned further that this presumption of arbitrability was particularly applicable where the arbitration clause was as broad as the one before it, which provided for arbitration of “any differences arising with respect to the interpretation of this contract or the performance of any obligation hereunder.” AT & T, 475 U.S. at 650, 106 S.Ct. at 1419. With such broad arbitration clauses, the Court continued, “[i]n the absence of any express provision excluding a particular grievance from arbitration, we think only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail.” Id. (quoting Warrior & Gulf, 363 U.S. at 584-85, 80 S.Ct. at 1354).2

In the instant case, Unocal argues that the strict arbitration clause and other express provisions in the collective-bargaining agreement, as well as the bargaining history, provide forceful evidence that it never intended to submit the medical qualifications of employees to arbitration. Because the Union has failed to allege a violation of an express provision of the agreement, Unocal concludes, arbitration may not properly be compelled.

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856 F.2d 1307, 129 L.R.R.M. (BNA) 2249, 1988 U.S. App. LEXIS 11981, 1988 WL 90476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teamsters-local-315-v-union-oil-company-of-california-ca9-1988.