United Steel Workers Local Union No. 348 v. Magellan Midstream Holdings GP, LLC , 652 F. App'x 694 ( 2016 )


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  •                                                            FILED
    United States Court of Appeals
    UNITED STATES COURT OF APPEALS         Tenth Circuit
    FOR THE TENTH CIRCUIT                        June 16, 2016
    _________________________________
    Elisabeth A. Shumaker
    Clerk of Court
    UNITED STEEL WORKERS
    LOCAL UNION NO. 348,
    Plaintiff - Appellee,
    No. 15-3249
    v.                                          (D.C. No. 2:14-CV-02428-JTM)
    (D. Kan.)
    MAGELLAN MIDSTREAM
    HOLDINGS GP, LLC,
    Defendant - Appellant.
    _________________________________
    ORDER AND JUDGMENT *
    _________________________________
    Before BRISCOE, BACHARACH, and McHUGH, Circuit Judges.
    _________________________________
    A labor union (plaintiff) and employer (defendant) entered into a
    collective bargaining agreement, but they disagree on whether this
    agreement requires the employer to staff certain positions with union
    workers. The issue on appeal is whether this disagreement falls within an
    arbitration provision in the collective bargaining agreement. The district
    *
    The parties have not requested oral argument, and we do not believe
    it would be helpful. As a result, we are deciding the appeal based on the
    briefs. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G).
    This order and judgment does not constitute binding precedent except
    under the doctrines of law of the case, res judicata, and collateral estoppel.
    But the order and judgment may be cited for its persuasive value under
    Fed. R. App. P. 32.1(a) and 10th Cir. R. 32.1(A).
    court concluded that the dispute was subject to the arbitration provision
    and granted summary judgment to the union. We affirm because the
    collective bargaining agreement is susceptible to an interpretation that the
    arbitration provision covers the dispute.
    I.   The parties disagreed on the need to arbitrate their dispute.
    The employer owns and operates interstate pipeline systems. For
    these pipeline systems, the employer uses controllers who operate the
    pipelines through computer consoles.
    This dispute centers on one console (Console No. 9) at the
    employer’s Tulsa headquarters. At this console, the employer used six non-
    union employees. The union wanted the employer to use union workers for
    these positions and filed a grievance under the collective bargaining
    agreement, arguing that Article I of the agreement required the employer to
    use employees represented by the union.
    The employer refused to process the grievance for three reasons:
    (1) the grievance was not substantively arbitrable because it raised an issue
    of union representation that was within the exclusive jurisdiction of the
    National Labor Relations Board (NLRB); (2) the arbitrability issue had
    already been determined in two binding arbitrations; and (3) the grievance
    was untimely. The employer added that it was unwilling to engage in
    arbitration, which was the next step in the collective bargaining
    agreement’s dispute-resolution process.
    2
    The union filed this federal action to compel arbitration, and the
    parties filed cross-motions for summary judgment. The district court
    granted the union’s motion, denied the employer’s motion, and ordered the
    employer to submit the grievance to arbitration. The employer appeals.
    II.    Our review of the district court’s summary-judgment decision is
    de novo.
    We engage in de novo review of the disposition of cross-motions for
    summary judgment, applying the same standard as the district court.
    Pirkheim v. First Unum Life Ins., 
    229 F.3d 1008
    , 1010 (10th Cir. 2000).
    Summary judgment is appropriate “if the movant shows that there is no
    genuine dispute as to any material fact and the movant is entitled to
    judgment as a matter of law.” Fed. R. Civ. P. 56(a).
    III.   The collective bargaining agreement can reasonably be read to
    require arbitration of this dispute.
    Arbitration can be compelled only if the parties agreed to arbitrate
    the dispute. United Steelworkers v. Warrior & Gulf Nav. Co., 
    363 U.S. 574
    , 582 (1960). The question here is whether the employer agreed to
    arbitrate the need to staff the six positions with union workers. We
    conclude that the employer agreed to arbitrate this type of dispute.
    A.   We resolve doubts in favor of arbitrability.
    In deciding whether a dispute is arbitrable, we must follow three
    guideposts. First, an “order to arbitrate [a] particular grievance should not
    be denied unless it may be said with positive assurance that the arbitration
    3
    clause is not susceptible of an interpretation that covers the asserted
    dispute.” 
    Id. at 582–83.
    Second, “[d]oubts should be resolved in favor of
    coverage.” 
    Id. at 583.
    Third, where the arbitration provision is broad and
    the collective bargaining agreement lacks “any express provision excluding
    a particular grievance from arbitration, . . . only the most forceful evidence
    of a purpose to exclude the claim from arbitration can prevail.” 
    Id. at 584–
    85.
    B.    Article IX can reasonably be read to require arbitration.
    Article IX contains a dispute-resolution provision stating that “[a]ll
    complaints arising out of the interpretation or performance of [the
    collective bargaining agreement] shall be governed in the manner of the
    settlement by the terms of [the agreement] according to the following
    procedure.” Appellant’s App’x, vol. I at 57. The procedure begins with a
    grievance process. If that process does not fully resolve the dispute, either
    party can invoke arbitration under Article X, which states that the dispute
    “shall . . . be submitted to arbitration by an impartial arbitrator.” 
    Id. at 58.
    Facially, these provisions indicate that if the grievance process does
    not fully resolve the disputes, the union can submit the dispute to an
    arbitrator. That being the case, we inquire only “whether the party seeking
    arbitration is making a claim which on its face is governed by the
    contract.” United Steelworkers v. Am. Mfg. Co., 
    363 U.S. 564
    , 568 (1960).
    4
    C.    Article I does not foreclose arbitrability of this dispute.
    In arguing that the arbitration provision does not apply, the employer
    points to Article I, which addresses the types of employees subject to the
    collective bargaining agreement:
    [The collective bargaining agreement] shall include all
    operating and maintenance employees of [the employer] on the
    system of [the employer], including all pipelines, stations, and
    terminals and including all Mainline Controllers at [the
    employer’s] general office, but excluding all other employees
    at [the employer’s] general office and Region offices and all
    other supervisory employees. It is expressly understood in
    connection with this stated coverage that should any difference
    of opinion or dispute develop with reference thereto, the
    difference of opinion or dispute shall be determined solely
    from the language of the [NLRB] orders in the following
    numbered cases[,] . . . and shall not be determined in any
    manner by reference to the coverage stated above.
    Appellant’s App’x, vol. I at 49.
    According to the employer, the second sentence requires use of
    NLRB orders to determine whether employees are covered by the collective
    bargaining agreement. Thus, the employer argues that coverage issues are
    determined by the NLRB rather than the arbitrator. In support, the
    employer notes Article X.2.’s limitation on the arbitrator’s function: “The
    Arbitrator is restricted to interpreting, applying and determining any
    violation of the performance and/or provisions of [the collective
    bargaining agreement] and cannot add to, modify, delete, or otherwise
    change any provision of [the agreement].” 
    Id. at 58.
    According to the
    employer, this language limits the arbitrator to interpreting the collective
    5
    bargaining agreement, preventing him or her from referring to the NLRB
    orders as required in Article I.
    We disagree. Arbitrators are not limited to “interpreting” the
    collective bargaining agreement; they can also “apply[]” the agreement and
    “determin[e]” whether it has been violated. 
    Id. If application
    of the
    agreement requires reference to certain NLRB orders, the arbitrator
    arguably must enjoy the power to refer to these orders. Therefore, the
    union’s interpretation of the arbitration provision is at least reasonable.
    The employer also argues that in the second paragraph of Article I,
    the parties recognized that the NLRB would be solely responsible for
    determining whether the collective bargaining agreement covers employees
    working in newly created consoles. The second paragraph provides:
    Other Coverage: If the Union is designated by the [NLRB] as
    the exclusive representative for the purpose of the collective
    bargaining for other operating units of [the employer], this
    [collective bargaining agreement] shall be extended to include
    such units for the classes of employees therein covered.
    
    Id. at 49.
    This language does not give the NLRB exclusive responsibility
    for determining whether the collective bargaining agreement applies.
    Instead, this language describes what happens “[i]f” the NLRB designates
    the union “as the exclusive representative” for the employer’s “other
    operating units.” 
    Id. And the
    provision does not state that the NLRB would
    bear sole responsibility for making this determination.
    6
    D.    The nature of the underlying NLRB proceedings is
    irrelevant to our assessment of the order compelling
    arbitration.
    The employer also contends that because the NLRB orders specified
    in Article I were entered in proceedings concerning representational
    elections, submitting the grievance to arbitration would violate the
    workers’ right to vote on union representation. This argument goes to the
    merits of the union’s grievance, which is not at issue in the appeal. See
    Int’l Union, UAW v. Telex Comput. Prods., Inc., 
    816 F.2d 519
    , 526 (10th
    Cir. 1987) (“[H]ow the Union may ultimately fare on the merits is
    immaterial to our determination since ‘the collective agreement calls for
    the submission of grievances in the categories which it describes,
    irrespective of whether a court may deem them to be meritorious.’”
    (brackets omitted) (quoting United Steelworkers v. Am. Mfg. Co., 
    363 U.S. 564
    , 567 (1960))). If the specified NLRB orders require an election, the
    collective bargaining agreement would allow the arbitrator to apply that
    requirement.
    E.    The outcomes of prior arbitrations do not affect the
    outcome here.
    Finally, the parties point to three prior arbitration decisions
    involving similar grievances. In two of those, the arbitrator concluded that
    the NLRB had exclusive jurisdiction. In the other, the arbitrator exercised
    jurisdiction and decided in the union’s favor. We need not decide which of
    7
    the prior arbitration decisions was correct, for our only task is to determine
    whether the parties agreed to submit this grievance to arbitration. See
    United Steelworkers v. Am. Mfg. Co., 
    363 U.S. 564
    , 567–68 (1960).
    IV.   Disposition
    We affirm.
    Entered for the Court
    Robert E. Bacharach
    Circuit Judge
    8
    

Document Info

Docket Number: 15-3249

Citation Numbers: 652 F. App'x 694

Judges: Briscoe, Bacharach, McHugh

Filed Date: 6/16/2016

Precedential Status: Non-Precedential

Modified Date: 10/19/2024