In re the Arbitration Between Local Union 1260 International Brotherhood of Electrical Workers
In re the Arbitration Between Local Union 1260 International Brotherhood of Electrical Workers
Opinion of the Court
OPINION OF THE COURT BY
The appellant company, Hawaiian Telephone, appeals from a judgment denying its motion to vacate an arbitrator’s award, and granting of cross-motion of appellee union, Local 1260, International Brotherhood of Electrical Workers, AFL-CIO, for summary judgment to have the award enforced.
Article 7A.1 of the labor agreement between the company and the union provides that upon notice by the union, “a grievance concerning the application or interpretation of the express terms and conditions of this Agreement” not settled through grievance procedure shall
The question submitted for arbitration was whether the employee was discharged for proper cause based on Article 6.1 and 6.2
The company contends that the arbitrator’s decision does not “draw its essence” from the collective bargaining agreement, because (1) the decision is based on “his own personal feelings of propriety and not from an interpretation of the contract”; (2) he “reached his decision by imposing an impossible burden of proof against the Com
In Truck Drivers & Helpers Union Local 784 v. Ulry-Talbert Co., 330 F.2d 562, 564 (8th Cir. 1964), the court denied enforcement of the award reasoning that the arbitrator had exceeded his' authority. The arbitrator had found the employee guilty of the conduct for which he was discharged, but reinstated the employee without back-pay upon the ground that the penalty was too severe. The decision was based on the following provision in the parties’ collective bargaining agreement:
“* * * [I]f any grievance, arising out of any action taken by the Company in discharging, suspending, disciplining, transferring, promoting, or laying off any employee, is carried to arbitration, the arbitration board shall not substitute its judgment for that of the management and shall only reverse the action or decision of the management if it finds that the Company’s complaint against the employee is not supported by the facts, and that the management has acted arbitrarily and in bad faith or in violation of the express terms of this Agreement.”
In Textile Workers Union of America v. American Thread Co., 291 F.2d 894 (4th Cir. 1961), the employee was discharged under the following provision: “1. Just cause. Employees shall be disciplined or discharged only for just cause, * * The arbitrator found the employee guilty of the offense charged, but held that the offense
In denying enforcement of the award, the court stated:
“* * * [I]f the express limitation contained in Article III (that the employer’s exercise of his reserved right to discipline might he made the subject of a grievance and of collective bargaining, but not of arbitration) means anything, it means that the employer’s established disciplinary practices were not to be upset by an arbitrator on the ground of inappropriateness.”3 (Emphasis theirs). Textile Workers Union of America v. American Thread Co., supra at 900.
Clear and specific provisions in the foregoing cases limited the authority of the arbitrator to modify a disciplinary penalty. But no similar prohibition exists in this collective bargaining agreement. Appellant conceded during argument that the arbitrator had authority “to change the remedy or apply a remedy. He got it if he ties it into- the agreement.” Where the basis of the arbitrator’s award with respect to the grievance matter could have rested on an interpretation and application of the agreement, there should be no “second guessing” by the court. United Steelworkers of America v. Enterprise Wheel & Car Corp., 363 U.S. 593; United Steelworkers of America v. American Mfg. Co., 363 U.S. 564; United Steelworkers of America v. Warrior & Gulf Nav. Co., 363 U.S. 574.
It is conceded by the company that the law applicable in the case is federal and that the holding in In the Matter of the Arbitration Between Local Union 1357, International Brotherhood of Electrical Workers, A.F. of L., and Mutual Telephone Company, 40 Haw. 183, has been “swept into oblivion.”
After a careful review of the record and applying the criteria laid down in United Steelworkers of America v.
The question as to whether there was cause to discharge or suspend the employee under section 6.1 and 6.2 was determined by the arbitrator and so far as the arbitrator’s decision concerns the interpretation and application of section 6, this court has no business weighing the merits of the grievance and the award. United Steelworkers of America v. American Mfg. Co., 363 U.S. 564, 568. See also Gunther v. San Diego A Arizona Eastern Ry., 34 U.S. Law Week 4058, December 7, 1965.
Judgment affirmed.
“6.1 The supervision and control of all operations and the direction of all working forces, which shall include, but not be limited to, the right to hire, to establish work schedules, to suspend or discharge for proper cause, to promote or transfer employees, to relieve employees from duty because of lack of work, or for other legitimate reasons, shall be vested exclusively in the Company, except as otherwise covered in this Agreement.
“6.2 Proper causes for suspension or discharges shall include, but not be limited to, insubordination, pilferage, use of intoxicants during working hours, incompetence, failure to perform work as required, falsification of reports, violation of the terms of this Agreement, violation of the secrecy of communications, failure to observe safety rules and regulations, and failure to observe the Company’s House Kules, which shall be conspicuously posted.”
“* * * It seems to be tbe philosophy of the adjudicated eases that the proof of guilt is not the customary proof in criminal cases, beyond a reasonable doubt, but something beyond that degree and to the extent of establishment to the complete satisfaction of the trier of the fact.” (Arbitrator’s Decision, p. 8).
“ ‘It is agreed that, except as expressly limited or modified in this Agreement, the Company has the right of management. This includes, among other things, the right to plan, direct, control, increase, decrease or discontinue operations; to, change machinery or type of products, or demote employees subject to just cause, and to discipline or discharge employees for just cause; * * *; it is recognized further that all rights heretofore exercised by or inherent in the Management, and not expressly contracted away by the terms of this Agreement are retained solely by the Management. Any action by the Company under this Section may be made the subject of collective bargaining and grievance procedure, up to but not including arbitration, unless as otherwise hereinafter expressly provided in this Agreement. * * ” (Emphasis theirs). Textile Workers Union of America v. American Thread Co., 291 F.2d 894, 897.
Reference
- Full Case Name
- IN THE MATTER OF THE ARBITRATION BETWEEN LOCAL UNION 1260 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO AND THE HAWAIIAN TELEPHONE COMPANY
- Cited By
- 7 cases
- Status
- Published