Tennessee Valley Authority v. Tennessee Valley Trades and Labor Council

184 F.3d 510, 161 L.R.R.M. (BNA) 2844, 1999 U.S. App. LEXIS 15696, 1999 WL 493411
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 14, 1999
Docket98-5583
StatusPublished
Cited by46 cases

This text of 184 F.3d 510 (Tennessee Valley Authority v. Tennessee Valley Trades and Labor Council) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tennessee Valley Authority v. Tennessee Valley Trades and Labor Council, 184 F.3d 510, 161 L.R.R.M. (BNA) 2844, 1999 U.S. App. LEXIS 15696, 1999 WL 493411 (6th Cir. 1999).

Opinions

The court delivered a PER CURIAM opinion. RALPH B. GUY, Jr., J. (p. 521), delivered a separate dissenting opinion.

OPINION

PER CURIAM.

Tennessee Valley Trades and Labor Council, the defendant below, appeals the district court’s judgment vacating an arbitration award that ordered plaintiff Tennessee Valley Authority to reinstate Robert W. Ingle to his former position as a nuclear reactor unit operator at the Watts Bar Nuclear Plant. Because we conclude that the award “drew its essence” from the collective bargaining agreement between the parties, we find it necessary to reverse the district court’s judgment and reinstate the arbitration award.

PROCEDURAL AND FACTUAL BACKGROUND

On April 27, 1995, Robert W. Ingle, a nuclear reactor unit operator at TVA’s Watts Bar Nuclear Plant, tested positive for marijuana in a random drug screen. TVA notified Ingle of the positive drug test by letter dated May 8, 1995, and informed him that the positive drug test constituted a violation of the fitness for duty policy. That letter also informed In-gle that according to TVA policy, he was required to take the following actions before management would make a decision about whether to return him to his position: (1) contact the TVA Employee Assistance Program within five calendar days; (2) obtain TVA Health Services’ approval for return to work; and (3) provide a negative alcohol and drug test administered by TVA’s Health Services. The following day, on May 9, 1995, the manager of nuclear safety informed Ingle by letter that his security clearances had been suspended. That same day, Ingle met with a representative of the Employee Assistance Program, discussed his circumstances, and signed an agreement to participate in the company’s drug program. However, the Program representative declined to enroll him because “it would be unethical to recommend enrollment in a treatment program if he did not have a problem.” Ingle returned to the Employee Assistance Program fourteen days later, as the Program representative had instructed him, and provided another urine sample which tested negative for drugs. A doctor also examined him during that visit. During the following week, Ingle also underwent two psychological evaluations, the first by Dr. Boatwright, and the second by Dr. Sajwaj. On June 8, 1995, Dr. Sajwaj confirmed the denial of Ingle’s access clearance by letter and urged him to contact the Employee Assistance Program counselor to develop an appropriate drug treatment program. The following day, Ingle again contacted the Program counselor and was again told that a rehabilitation program was not indicated.

As detailed in the arbitrator’s decision, in the ensuing several weeks, Ingle struggled, unsuccessfully, to understand and comply with confusing instructions, primarily from Dr. Sajwaj, regarding his responsibilities and rights in appealing the denial of his security clearances. For example, Sajwaj told Ingle that he had no right to provide input into the selection of an independent psychologist who would ex[513]*513amine him for purposes of the appeal or to know the psychologist’s identity. But Sajwaj later testified during the arbitration hearing that although he had refused to disclose to Ingle the identity of the psychologist, he would have allowed Ingle to be interviewed by the psychologist if Ingle had so requested. In addition, Ingle met with a psychiatrist on August 8, 1995, in compliance with Sajwaj’s suggestion, but the psychiatrist found no evidence of psychiatric disturbance or chemical dependence and considered Ingle fit to return to work. However, the report was never considered in Ingle’s appeal because it was obtained too late to be submitted to the independent psychologist. Sajwaj later testified at the hearing that if Ingle had requested a time extension, the report would have been considered. On August 10, 1995, a health services manager at TVA, Gary DePew, upheld on appeal TVA’s decision to revoke Ingle’s access clearances. However, TVA had already terminated Ingle’s employment for failure to maintain his security clearances and failure to meet the requirements of TVA’s fitness for duty program on July 5, 1995, over one month before DePew’s issued his final decision on those matters.

In accordance with the collective bargaining agreement between TVA and the Tennessee Valley Trades and Labor Council1, entitled the General Agreement, Ingle filed a grievance alleging that TVA had treated him unfairly. After an arbitration hearing on Ingle’s grievance, the arbitrator, who was a former manager of Labor Relations for TVA, issued a formal opinion granting the grievance and ordering TVA to reinstate Ingle. The arbitrator found that Ingle “was employed approximately 17.5 years and except for some concern regarding leave use during a relatively short period of time, had a very good record, no complaints, no problems, no discipline.” -The arbitrator recited portions of the testimony given by one of Ingle’s supervisors, “who had worked with and/or supervised Mr. Ingle during most of his tenure at Watts Bar” and who stated that Ingle “could do more work in six hours than a lot of people could do in eight,” was “a highly intelligent unit operator” and was “well liked and respected by those he supervised.” The. supervisor also responded in the affirmative when asked whether she would have confidence in Ingle if he were working for her today. The arbitrator also quoted another TVA employee, who had worked with Ingle for at least six years, who stated that he “would trust [Ingle] with anything I own, which also implies I’d trust him with anything TVA owns.” The co-worker also said he “would have no reservations at all about working with [Ingle] today.”

The arbitrator further found that “[i]t is uncontested that the Grievant, Mr. Ingle, did in fact smoke some marijuana that resulted in a positive drug test. It is a fact that the act was in violation of the law and TVA Policy. Federal and TVA Policy recognize that, as desirable as it may be, we do not live in a perfect world. People make mistakes. Mr. Ingle has never denied that he made one, which according to him he regrets very much and will not repeat. TVA’s policies and procedures, based upon the appropriate laws and [Nuclear Regulatory Commission] regulations, are designed to deal with people who do make mistakes., One of the major questions at issue is whether Mr. Ingle was given the benefit of the proper, fair application of TVA’s own policies and procedures.”

After discussing TVA’s application of its policies and procedures to Ingle, the arbitrator concluded that TVA had not fairly applied those policies and procedures and [514]*514had also failed to provide due process in reaching the decision to terminate Ingle. Specifically, the arbitrator expressed the following concerns about the lack of due process provided by TVA:

There are certain requirements for affording due process which I believe to be commonly recognized and accepted. In general, it must offer an appellant a fair opportunity to defend against whatever charges have been made. The rules governing appeals must be published, equally available to the parties in dispute, and adhered to by both parties. Somewhere in the process the accused is entitled to in-person, oral arguments in his/her defense. In the case of Mr. In-gle, I find credible due process absent for the following reasons:
1. His 17.5 year employment record was not considered.
2. Time limits for submission of appeals/evidence were at best vague and confused.

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184 F.3d 510, 161 L.R.R.M. (BNA) 2844, 1999 U.S. App. LEXIS 15696, 1999 WL 493411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tennessee-valley-authority-v-tennessee-valley-trades-and-labor-council-ca6-1999.