Labor Law - Federal
Editors:
Jeffrey D. Hanslick, Esquire
Traci Daffer Martin, Esquire
Benjamin A. McMillen, Esquire
Eighth Circuit affirms district court's grant of summary
judgment in favor of employer and union, holding that the union did not
act arbitrarily in declining to take the employee's grievance to
arbitration. Rogers v. Southwestern Bell Telephone Co., No. 10-1171, 2011 WL 264302 (8th Cir. January 28, 2011).
Southwestern Bell Telephone Company ("Southwestern Bell") terminated
the employment of Plaintiff, cable splicing technician Brook Rogers,
for allegedly stealing company property in violation of Southwestern
Bell's Code of Business Conduct. Rogers subsequently filed a grievance
with the local branch of his union, Communication Workers of America
("CWA"), seeking to challenge his termination and to appeal the
company's denial of his request for severance pay. CWA responded by
investigating Rogers' claims, conducting interviews, requesting
documents, and eventually meeting with Southwestern Bell to discuss
Rogers' situation. After Southwestern Bell denied Rogers' grievance,
CWA (at Rogers' request) further pursued Rogers' claims, concluding
ultimately that neither was likely to succeed. Regardless, CWA
continued to work on Rogers' behalf, negotiating a settlement agreement
with Southwestern Bell. However, Rogers rejected the settlement offer
and went on to appeal the CWA's decision not to recommend his claims
to arbitration. After exhausting CWA's appellate process, Rogers filed
suit in Arkansas state court against both Southwestern Bell and CWA.
The complaint alleged Southwestern Bell unlawfully terminated him and
wrongfully withheld severance pay and that CWA breached its duty of
fair representation. After removing the case to federal district
court, the defendants filed a motion for summary judgment, which the
court granted.
Held: Affirmed. In affirming the district court's
grant of summary judgment, the Eighth Circuit first articulated the
basic rule in evaluating "hybrid" claims, i.e. that to succeed against
either defendant, Rogers had to establish: (1) CWA breached its duty of
fair representation and (2) Southwestern Bell violated
the collective bargaining agreement by terminating his employment. As
Rogers had not raised a question of material fact on the first prong,
the court concluded that both defendants were entitled to summary
judgment. In doing so, the court observed that Rogers had not offered
sufficient evidence to demonstrate that CWA made a decision related to
his grievance that was "arbitrary, discriminatory, or in bad faith."
Instead, the court opined that - in light of CWA's thorough
investigation and Rogers' extensive disciplinary record - the decision
not to take his case to arbitration was not unreasonable. The court
also rejected Rogers' claim that CWA acted arbitrarily because the
procedure it used to review his grievance was inadequate. The court
quickly identified that the crux of this claim was that Rogers simply
disagreed with the CWA's decision and, without also offering evidence
that the grievance-evaluation process was somehow "perfunctory," Rogers
failed to meet his burden. The court next rejected Rogers' allegation
that CWA violated its duty by deciding to consolidate his claims
(unlawful termination and wrongfully withheld severance pay) instead of
pursuing each independently. Again, the court concluded that CWA had
not acted irrationally by deciding that the two claims turned on the
same issues and, thus, were likely to reach the same outcome. In
addition, the court was not persuaded by Rogers' argument that CWA
acted in bad faith by failing to timely notify him of the consolidation
of his claims. The court opined that even if that allegation were
true, a union's failure to notify a grievant, without more, does not
amount to a breach of its duty of fair representation. As such, the
court affirmed the district court's grant of summary judgment on each of
Rogers' complaints.
The Missouri Bar Courts Bulletin, 11-Mar