Tennessee Valley Trades & Labor Council v. Tennessee Valley Authority

751 F. Supp. 135, 1990 U.S. Dist. LEXIS 15581, 1990 WL 178833
CourtDistrict Court, M.D. Tennessee
DecidedNovember 8, 1990
DocketNo. 1:89-0115
StatusPublished
Cited by1 cases

This text of 751 F. Supp. 135 (Tennessee Valley Trades & Labor Council v. Tennessee Valley Authority) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tennessee Valley Trades & Labor Council v. Tennessee Valley Authority, 751 F. Supp. 135, 1990 U.S. Dist. LEXIS 15581, 1990 WL 178833 (M.D. Tenn. 1990).

Opinion

MEMORANDUM

WISEMAN, Chief Judge.

Before the Court are a motion by defendant Tennessee Valley Authority (“TVA”) to dismiss or for summary judgment and a cross motion by plaintiff Tennessee Valley Trades & Labor Council (“Council”) for summary judgment. The dispute concerns whether the Council is entitled to an injunc-tive order directing that TVA promptly cooperate with the Council in the process of mediation and voluntary arbitration of three proposals that the Council presented during annual negotiations with TVA in December, 1988. Since matters outside the pleadings, i.e., affidavits, have been presented to the Court, the motion by TVA will be treated as one for summary judgment. Fed.R.Civ.P. 12(c). Upon review of the facts and law in this case, and construing the facts in the light most favorable to the Council, this Court has concluded that TVA is entitled to summary judgment on two alternative grounds — (1) because the Council’s action is barred by the six-month statute of limitations and (2) because, notwithstanding the time bar, none of the three proposals in issue is properly the subject of collective bargaining by TVA under the General Agreements.

I. Facts

The Council is the collective bargaining representative of TVA’s hourly and annual trades and labor employees. Each of TVA’s collective bargaining agreements with the Council consists of a General Agreement, containing a number of “Articles” which set out the specific understandings between the parties and the parameters of their relationship, and a number of Supplementary Schedules implementing the Articles.

On December 6, 1988, TVA and the Council began regularly scheduled bargaining. The Council proposed a number of changes to the Supplementary Schedules, including the three proposals at issue in this case. First, the Council proposed to include language in the agreement covering hourly trades and labor employees that would have ended TVA’s established practice of requesting employees by name from the union hiring halls.1 Second, the Council proposed to include a provision in the contract covering annual trades and labor employees that would have required TVA to make contributions to the TVA Retirement System (the “Retirement System”) based on the total time an employee worked, including overtime.2 Third, the [137]*137Council proposed that TVA agree to fund medical and dental insurance for retirees from its annual trades and labor workforce.3

The three proposals described above were raised at the bargaining table on December 6, 1988, and were not raised again after December 12. Negotiations closed on February 10, 1989. TVA labor negotiations refused to bargain about any of the three proposals. As to the first one (concerning elimination of calling employees by name from the hiring halls), TVA took the position that the Council’s proposal was not a matter “explicitly covered” by the collective bargaining agreement, and thus was not a proper subject for negotiation. TVA relied on Article II of the General Agreements, which expressly provides, in pertinent part:

TVA recognizes the Council as the collective bargaining agent for employees at TVA in trades and labor classifications, and agrees to bargain with the Council over every matter explicitly covered in this General Agreement.
TVA is not by this General Agreement agreeing to negotiate matters not explicitly covered in the General Agreement, including Supplementary Schedules. (Such matters may be subject to negotiations if mutually agreed to by TVA and the Council.)

Complaint. Exhibits 1-2, Art. II (emphasis added). As to the second (contributions to Retirement System for annual employees) and third (medical and dental insurance for annual retirees) proposals, TVA’s labor negotiators refused to bargain based on their position that the rules and regulations of the Retirement System, rather than provisions of the collective bargaining agreements, govern retirement issues. TVA relied on Article XIII of the General Agreement governing annual trades and labor employees, which provides the following:

XIII. Retirement System for Annual Employees
Annual employees who are eligible shall be members of the TVA Retirement System. Such membership and the benefits thereof are governed by the rules and regulations of the system.

Complaint. Exhibit 1, Art. XIII (emphasis added).

More than five months following the close of negotiations, the Council addressed a letter to TVA’s Manager of Labor Relations requesting mediation of ten bargaining proposals made by the Council on which the parties had not reached agreement during negotiations.4 The Council’s [138]*138request included the three proposals at issue here. TVA agreed to mediate seven of the unresolved proposals but refused to mediate the other three, taking the same position on the three proposals as it did at the bargaining table in December of 1988.

The Council filed its Complaint on September 26, 1989, requesting this Court to enter an injunctive order requiring TVA to proceed with the process of mediation as provided in the General Agreements. TVA responded with its Motion to Dismiss or For Summary Judgment, on the grounds that the Council’s action is untimely and that the General Agreements do not require TVA to negotiate or mediate any of the Council’s proposals. The Council then filed a Cross-Motion For Summary Judgment.

For the reasons detailed below, this Court has determined that there are no genuine issues of fact requiring determination at trial and that TVA is entitled to judgment as a matter of law. Consequently, TVA’s Motion For Summary Judgment is granted, and the Council’s Motion For Summary Judgment is denied.

II.

A. Summary Judgment Standard

Summary judgment is appropriate only when “the moving party has carried its burden of showing that the pleadings, depositions, answers to interrogatories, admissions and affidavits in the record, construed favorably to the nonmoving party, do not raise a genuine issue of material fact for trial." Gutierrez v. Lynch, 826 F.2d 1534, 1536 (6th Cir.1987). In examining the record to determine whether a genuine issue of material fact exists, the district court must review all evidence in the light most favorable to the nonmoving party, and “all justifiable inferences are to be drawn in his favor.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986).

As the United States Supreme Court explained in Liberty Lobby, a dispute about a material fact is “genuine” within the meaning of Federal Rule of Civil Procedure 56 only if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” 477 U.S. at 248, 106 S.Ct. at 2510. See also Miles v. Kohli & Kaliher Associates, Ltd., 917 F.2d 235

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751 F. Supp. 135, 1990 U.S. Dist. LEXIS 15581, 1990 WL 178833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tennessee-valley-trades-labor-council-v-tennessee-valley-authority-tnmd-1990.