International Brotherhood of Electrical Workers v. Detroit Free Press, Inc.
923 F. Supp. 2d 199
D.D.C.2013Background
- IBEW Local 1200 represents about 50 employees at WUSA.
- Two collective bargaining agreements exist: the 2008 Agreement (Dec 29, 2008–Dec 31, 2010) and the 2012 Agreement (Feb 9, 2012–Feb 8, 2014).
- The 2008 Agreement expired Feb 28, 2011; negotiations for a successor contract extended the 2008 Agreement to Feb 28, 2011, then a hiatus.
- WUSA terminated Karen Peterson on Jan 30, 2012 as part of restructuring; termination letter referenced the IBEW agreement and Peterson’s recall rights, severance, and service letter.
- Peterson filed a formal grievance on Feb 16, 2012 alleging violations of Sec. 4.17 and related provisions; WUSA refused arbitration citing a contractual hiatus in which no arbitration obligation existed.
- The court granted defendant’s summary judgment, holding the grievance did not arise under the 2008 Agreement and was not subject to arbitration under the 2012 Agreement since the termination occurred before 2012 Agreement became effective.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the grievance must be arbitrated under the applicable agreements. | IBEW argues the grievance should be arbitrated per the 2008/2012 agreements. | WUSA contends no arbitration obligation exists under either agreement for this dispute. | No; arbitration not required under either agreement. |
Key Cases Cited
- Litton Fin. Printing Div. v. NRLB, 501 U.S. 190 (U.S. 1991) (arbitration or contract survival post-expiration considerations)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment standards and burden of proof)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (standard for genuine disputes of material fact)