University of Chicago Medical Center v. International Brotherhood of Teamsters, Local 743

235 F. Supp. 3d 1023, 2016 WL 3671465, 206 L.R.R.M. (BNA) 3551, 2016 U.S. Dist. LEXIS 89253
CourtDistrict Court, N.D. Illinois
DecidedJuly 11, 2016
DocketCase No. 15 C 08765
StatusPublished
Cited by1 cases

This text of 235 F. Supp. 3d 1023 (University of Chicago Medical Center v. International Brotherhood of Teamsters, Local 743) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
University of Chicago Medical Center v. International Brotherhood of Teamsters, Local 743, 235 F. Supp. 3d 1023, 2016 WL 3671465, 206 L.R.R.M. (BNA) 3551, 2016 U.S. Dist. LEXIS 89253 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

Elaine E. Bucklo, United States District Judge

Plaintiff University of Chicago Medical Center (“UCMC”) fired Lester Land (“Land”), who is represented by defendant International Brotherhood of Teamsters, Local 743 (“the Union”). UCMC filed this suit pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 et seq., seeking vacatur of an arbitration award reinstating Land’s employment. The parties’ have filed cross-motions for summary judgment. In addition, the Union has moved for attorneys’ fees and an award of back pay and benefits. For the reasons discussed below, the Union’s motion for summary judgment is granted and UCMC’s motion is denied. The Union’s request for attorneys’ fees and back pay is denied.

I,1

Land began working as a Custodial Assistant in UCMC’s Environmental Services Department in 1988. On January 25, 2013, one of Land’s co-workers, a Pharmacy Technician named Tyrone Murphy (“Murphy”), sent an email to UCMC’s Human Resources (HR) Department. He reported that on four separate occasions, Land had referred to his supervisor, Sandra Gonzalez (“Gonzalez”), as a “bitch” and stated that he wanted to choke or strangle her. The statements were made privately to Murphy. Gonzalez was never aware of them.

On January 29,2013, Land was suspended pending an investigation. He was interviewed by HR personnel the following day. After completing its investigation, on March 4, 2013, UCMC terminated Land’s employment. On March 6, 2013, the Union filed a grievance under the parties’ collective bargaining agreement (CBA). After trying unsuccessfully to resolve the dispute through the preliminary steps outlined in the CBA, the Union demanded arbitration.

On August 14, 2015, an arbitrator issued a decision ordering Land’s reinstatement. The arbitrator found Murphy to be a credible witness and concluded that Murphy’s ■concern regarding Land’s threats was genuine. The arbitrator found that Land’s tes[1025]*1025timony did “little to generate a conclusion that he was consistently telling the truth.” Arbitration Opinion & Award at 13. The arbitrator expressed skepticism concerning Land’s testimony that he had never referred to Gonzalez a bitch and that he had no recollection of telling Murphy that he wanted to choke or strangle Gonzalez. Moreover, although Land claimed that he had never been disciplined by Gonzalez, the record showed that she had in fact counseled him three times. The arbitrator therefore concluded “from the evidence in the record that at the very least, [Land] told Murphy on four occasions that he wanted to strangle or choke Ms. Gonzalez.” Id. at 15.

Nevertheless, citing other evidence in the record, the arbitrator concluded that just cause was lacking for Land’s termination. He stated his reasons as follows:

First, by the time of his discharge the Grievant had accrued a 24-year record of acceptable' service to the Medical Center. Second, there is not a hint of evidence in the record to suggest that he ever threatened another employee or supervisor. Third, none of his performance evaluations reveal that he was ever counseled about having a temper or engaging in threatening behavior. Fourth, even after being fired and knowing about Murphy’s allegations against him, he did not retaliate or threaten Murphy. Fifth, there is no evidence that he ever threatened Gonzalez directly or engaged in any behavior toward her which could be considered intimidating. And finally, there is-no evidence that she even knew about the Grievant’s comments to Murphy, or that she felt threatened or intimidated by the Grievant himself.

Id. at 16.

Summing up his conclusion, the arbitrator stated: “On balance, the record has convinced me that while [Land’s] comments in private conversations with Murphy were very serious, they did not rise to a level of seriousness sufficient to justify his discharge.” Id. Although the award directed Land’s reinstatement, it denied the Union’s request for back pay and benefits.- UCMC contends that the arbitrator’s decision should be vacated' because it is contrary to Illinois’ public policy against violence in the workplace.

II.

“It is well settled that judicial review of arbitration awards is extremely limited.” Chrysler Motors Corp. v. Int’l Union, Allied Indus. Workers of Am., AFL-CIO, 959 F.2d 685, 687 (7th Cir. 1992). The courts’ deference to arbitration decisions is “grounded in the federal statutes regulating labor-management relations,” which “reflect a decided preference for private settlement of labor disputes without the intervention of government.” United Paperworkers Int’l Union, AFL-CIO v. Misco, Inc., 484 U.S. 29, 37, 108 S.Ct. 364, 98 L.Ed.2d 286 (1987). Nonetheless, a narrow exception to this rule has been recognized in cases where an arbitration award violates public policy. This exception is “a specific application of the more general doctrine, rooted in the common law, that a court may refuse to enforce contracts that violate law or public policy.” Misco, 484 U.S. at 42, 108 S.Ct. 364.

This exception applies only where the public policy in question is “well defined and dominant” and can be “ascertained by reference to the laws and legal precedents and not from general considerations of supposed public interests.” W.R. Grace & Co. v. Local Union 759, Int’l Union of United Rubber, Cork, Linoleum & Plastic Workers of Am., 461 U.S. 757, 766, 103 S.Ct. 2177, 76 L.Ed.2d 298 (1983) (quotation marks omitted). Moreover, even [1026]*1026when the public policy is sufficiently defined and dominant, showing that the policy is -violated by an arbitrator’s decision has proven to be a formidable task. The Supreme Court has not defined precisely what must be shown to establish that an arbitrator’s award violates public policy. In' its most recent pronouncement on the issue, the Court opined only that “in principle... courts’ authority to invoke the public policy exception is not limited solely to instances where the arbitration award itself violates positive law.” E. Associated Coal Corp. v. United Mine Workers of Am., Dist. 17, 531 U.S. 57, 63, 121 S.Ct. 462, 148 L.Ed.2d 354 (2000). Nevertheless, courts have repeatedly emphasized the limited and narrow scope of the exception, and it has been successfully invoked only, very rarely. See, e.g., Maggio v. Local 1199, 702 F.Supp. 989, 991 (E.D.N.Y. 1989) (“Although Courts have long recognized their ability to refuse, confirmation of an arbitrator’s award on the ground that enforcement would violate public policy, the ,.. bias in favor of labor arbitration has resulted in the rare application of the public policy doctrine.”).

Here, the parties initially dispute whether Illinois has articulated a sufficiently definite and dominant public policy against workplace violence.

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235 F. Supp. 3d 1023, 2016 WL 3671465, 206 L.R.R.M. (BNA) 3551, 2016 U.S. Dist. LEXIS 89253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/university-of-chicago-medical-center-v-international-brotherhood-of-ilnd-2016.