Wood v. General Teamsters Union Local 406
Wood v. General Teamsters Union Local 406
Opinion of the Court
MEMORANDUM AND ORDER
By its Opinion and Order of April 12, 1984, this Court denied the defendants’ mo
On May 30, 1984, Arbitrator Howlett was served by defendant Kroger with a subpoena ordering him to appear at a deposition. The plaintiffs and Arbitrator Howlett filed motions to quash the subpoena and, on June 15, 1984, the Court granted the motions and issued a protective order. This Opinion is for the purpose of explaining the Court’s rationale for granting the motions.
The defendants state that the issue of Howlett’s competency to testify will be appealed
The defendants also rely on Hellums v. Quaker Oats Co., 115 L.R.R.M. 3595 (W.D.Mo. March 29, 1984), in support of their argument that they should be permitted to depose Howlett. There, in a case which also was brought pursuant to § 301 of the National Labor Relations Act, 29 U.S.C. § 185, the court allowed an arbitrator to testify as to whether he had considered certain evidence in reaching his decision. For two reasons, the Court finds Heliums distinguishable and therefore unpersuasive.
Most important, the arbitrator in Hel-iums apparently testified only as to whether he had considered certain evidence. In the instant case, the defendants seek to examine Howlett regarding, inter alia, “the reasons for his decision.” See Wood, at 1473 n. 3. This clearly calls for much more far-reaching examination than in Hel-iums.
Second, in the instant case Arbitrator Howlett himself opposes the taking of the deposition. The court in Heliums noted that this fact raises “more serious ques- • tions” as to whether examination should be allowed. 115 L.R.R.M. at 3600.
The Court also is mindful of the fact that, if Howlett’s deposition is taken, it may lead to the disqualification of plaintiffs’ counsel. The Court shall not place in motion this set of events based on a double contingency — first, of the earlier decision being reversed and second, of Howlett not being available to testify at a retrial.
Because allowing the deposition of How-lett would conflict with the policy explained in the April 12 Opinion, the Court issued
IT IS SO ORDERED.
. At the pretrial held on May 25, 1984 in Might v. General Teamsters Union, Lo. 406, 583 F.Supp. 1471, a companion case to Wood, the two cases were consolidated.
. The defendant union already has filed a motion asking the Court to reconsider its April 12, 1984 decision in light of Hellums v. Quaker Oats Co., 115 L.R.R.M 3959 (W.D.Mo. March 29, 1984). For the reasons discussed more fully below, the Court does not find Heliums persuasive and reaffirms its reasoning in the April 12 Opinion. The motion to reconsider therefore is denied.
. The Court also found significant the fact that the Heliums opinion itself notes that there is a good deal of contrary caselaw. 115 L.R.R.M. at 3600.
Reference
- Full Case Name
- Kenneth WOOD v. GENERAL TEAMSTERS UNION LOCAL 406, Defendants Harry HIGHT v. GENERAL TEAMSTERS UNION LOCAL 406
- Status
- Published