Union de Periodistas de Artes Graficas y Ramas Anexas v. Telemundo de Puerto Rico, Inc.

926 F. Supp. 2d 410, 2013 WL 765164, 2013 U.S. Dist. LEXIS 28705
District Court, D. Puerto Rico·Decided March 1, 2013·No. Civil No. 12-1629 (FAB)·Published

Opinion

OPINION AND ORDER

BESOSA, District Judge.

Before the Court is the motion for a hearing filed by plaintiff Union de Periodistas de Artes Gráficas y Ramas Anexas (“UPAGRA”), (Docket No. 9), and defendant Telemundo de Puerto Rico, Inc. (“Telemundo”)’s response, (Docket No. 11.) Also before the Court are defendant Telemundo’s two briefs in support of confirming an arbitration award of June 8, 2012, (Docket Nos. 14 & 24), as well as the opposition brief filed by plaintiff UPA-GRA, (Docket No. 20). For the reasons discussed below, the Court AFFIRMS the arbitration award and DENIES plaintiff UPAGRA’s motion for a hearing.

I. Background

A. Factual History

The Court derives the following undisputed facts from the arbitration award, which is incorporated into plaintiff UPA-GRA’s petition for review. See JCI Commc’ns., Inc. v. IBEW, Local 103, 324 F.3d 42, 45 (1st Cir.2003) (noting a court may only consider the award and record before the arbitrator in reviewing an arbitration decision).

A collective bargaining agreement (“CBA”) governs the labor relations between defendant Telemundo and plaintiff UPAGRA. On February 5, 2009, defendant Telemundo’s Director of Human Resources gave written notice to plaintiff UPAGRA’s Secretary General that, as a result of a restructuring plan the company planned to carry out, employees from the “Appropriate Unit” would be laid off. (Docket No. 12-1 at p. 36.) The written notice stated, “[T]he reason for this letter is to notify you that as of February 6, 2009, the company will be obligated to make changes in the organization by reasons of the introduction of new technology, economic efficiencies and reasons authorized by the applicable legislation.” Id. On February 6, 2009, defendant Telemundo notified the layoff to the “master control” and programming editors affected by the reduction in personnel. Id. at p. 37. The parties then met regarding the announced layoffs, as established in Article XL of the CBA, and the layoffs were made effective March 15, 2009. Id.

As a result of the television digitalization, Telemundo Network1 decided to move its “master control” and programming editing work to Miami. Prior to the move, the work was performed in Puerto Rico. Id. The restructuring required that the Telemundo Network’s subsidiaries’ master control areas, including those of Puerto Rico, change from being manually operated' — -by an employee twenty-four hours a day, seven days a week — to an automated system. Id. at p. 37. The change to an automated system consolidated and reduced the master control areas to three hubs. For example, the master control areas originally located in Houston, San Antonio, and Puerto Rico were centralized in a hub in Miami, Florida, and master control personnel in Miami now operate the automated system full-time for those three stations. Id.

The automated system also eliminated many of the manual functions the master [413] control technicians in Puerto Rico used prior to the change in technology. Id. at p. 37. Subsequent to the automation, an employee in the Traffic Department in Puerto Rico inserts a “station log” into a master control computer, which then automatically executes the commands. Id. Currently, one master control employee in the Miami hub ensures that the automated system functions appropriately. Id. Prior to the change, however, eight full-time employees and one part-time employee worked in the master control area of Telemundo. After the restructuring, Telemundo did not hire anyone to perform the master control functions. Id.

As a result of the restructuring, reductions to the programming editors at defendant Telemundo also occurred. Id. at p. 38. Because a single editing process was implemented for all subsidiaries, the restructuring eliminated the local subsidiary’s opportunity to re-edit the network’s programming. Id. For example, program editors’ work on soap operas and films, which was originally completed to attune the shows to the exclusive needs of the local market, ceased to be done in Puerto Rico. Id. Rather than purchasing programs and editing them in Puerto Rico, Telemundo now depends on the programming that the main Network has acquired and edited. Id. Subsequent to the restructuring, certain laid-off personnel have been hired temporarily to perform editing work. Id.

B. Arbitration Award

On November 9, 2009, July 2, 2010, and October 19, 2010, the parties attended arbitration hearings at the Conciliation and Arbitration Bureau of the Puerto Rico Department of Labor and Human Resources. (Docket No. 12-1 at p. 30.) Prior to arbitration, the parties were unable to reach an agreement on the issue(s) to be resolved by the arbitrator and submitted their respective proposed submission agreements.2 Id. at p. 31. The arbitrator then decided the precise issue to be resolved:

“To determine, in the first instance, whether the complaint is substantively arbitrable or not. If not, dismiss the complaint. If arbitrable, to evaluate, based on the evidence, the CBA and the current regulations, whether or not Telemundo de Puerto Rico breached the CBA by dismissing the employees who worked in the ‘Master Control’ Department and the programming editors. In case of an affirmative finding, provide the adequate remedy. In case of a negative finding, to dismiss the Union’s complaint.”

Id. at p. 32.

At arbitration, defendant Telemundo argued that “it did not breach the CBA between the parties by laying off person[414] nel in the classifications of ‘master control’ technician and programming editors as a result of a restructuring brought about by a change in technology, which resulted in savings.” (Docket No. 12-1 at p. 38.) In contrast, UPAGRA alleged that “Telemundo de Puerto Rico breached the CBA by unjustifiably laying-off personnel of the appropriate ‘master control’ unit and programming editors and using personnel from outside of the appropriate unit (subcontracting employees) to perform the work they did on a regular basis.” Id.

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Union de Periodistas de Artes Graficas y Ramas Anexas v. Telemundo de Puerto Rico, Inc., 926 F. Supp. 2d 410, 2013 WL 765164, 2013 U.S. Dist. LEXIS 28705 (prd 2013).

926 F. Supp. 2d 410 (Union de Periodistas de Artes Graficas y Ramas Anexas v. Telemundo de Puerto Rico, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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