Time Warner Cable of New York City LLC v. International Brotherhood of Electrical Workers, Local Union No. 3
684 F. App'x 68
| 2d Cir. | 2017Background
- Time Warner Cable of N.Y.C. LLC (TimeWarner) and IBEW Local 3 were parties to a 2013 collective bargaining agreement (CBA) containing a no‑strike clause; disputes arose from an April 2, 2014 work stoppage.
- An arbitrator found the Union violated the CBA’s no‑strike clause, awarded monetary damages to TimeWarner, and ordered the Union not to engage in similar future violations.
- TimeWarner sought confirmation of the arbitral award in the Eastern District of New York; the Union contested confirmation and argued the CBA was unenforceable per a later NLRB decision.
- The district court confirmed the damages award but vacated the portion of the award prohibiting future strikes.
- The Union appealed confirmation of the damages award; TimeWarner cross‑appealed the vacatur of the prospective injunction.
- The Second Circuit affirmed confirmation of monetary damages and affirmed vacatur of the forward‑looking prohibition, resolving waiver, public‑policy, and arbitrator‑jurisdiction issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject‑matter jurisdiction to confirm arbitral award | TimeWarner: district court had jurisdiction under § 301/§ 1331 to confirm arbitration award | Union: the CBA was unenforceable per NLRB decision, so no § 301 jurisdiction | Court: jurisdiction proper; alleged invalidity is an affirmative defense, not a jurisdictional defect (Textron) |
| Public‑policy bar to enforcing no‑strike waiver | TimeWarner: Union waived right to strike in CBA; arbitration decision enforceable | Union: public policy favors strike rights; no‑strike waiver unenforceable or didn’t cover orderly unfair‑labor‑practice protests; NLRB found no meeting of minds on 2013 CBA | Court: waiver enforceable; Union waived challenges by participating in arbitration; arbitrator’s factual finding that picket blocked access supported enforcement; no explicit conflict with law to vacate award |
| Waiver of challenge to CBA validity | TimeWarner: Union litigated liability under the 2013 CBA before arbitrator | Union: belatedly argued CBA invalid per NLRB decision | Court: Union waived objection by submitting dispute to arbitrator and delaying challenge until after interim adverse award (Sokolowski; Opals on Ice) |
| Scope of arbitrator’s authority to prohibit future strikes | TimeWarner: arbitrator may bar future violations as remedy | Union: arbitrator exceeded authority; parties submitted only discrete past‑event questions | Court: vacatur of prospective prohibition affirmed—questions submitted limited arbitrator to April 2, 2014 events; future conduct was not submitted (187 Concourse) |
Key Cases Cited
- National Football League Mgmt. Council v. Nat’l Football League Players Ass’n, 820 F.3d 527 (2d Cir.) (standard of review and deference to arbitrator)
- Sokolowski v. Metro. Transp. Auth., 723 F.3d 187 (2d Cir.) (timely objection required to preserve arbitrability challenge)
- Opals on Ice Lingerie v. Bodylines, Inc., 320 F.3d 362 (2d Cir.) (submission to arbitration without reservation waives later objection)
- AGCO Corp. v. Anglin, 216 F.3d 589 (7th Cir.) (reservation required to preserve arbitrability objection)
- Textron Lycoming Reciprocating Engine Div. v. United Auto., Aerospace, Agric. Implement Workers, 523 U.S. 653 (U.S.) (invalidity of CBA is an affirmative defense, not jurisdictional)
- Mastro Plastics Corp. v. Nat’l Labor Relations Bd., 350 U.S. 270 (U.S.) (unions may waive right to strike)
- Metropolitan Edison Co. v. Nat’l Labor Relations Bd., 460 U.S. 693 (U.S.) (no‑strike provisions in CBAs generally enforceable)
- 187 Concourse Assocs. v. Fishman, 399 F.3d 524 (2d Cir.) (arbitrator’s authority bounded by questions submitted and parties’ intent)
- New York City & Vicinity Dist. Council v. Ass’n of Wall‑Ceiling and Carpentry Indus. of N.Y., Inc., 826 F.3d 611 (2d Cir.) (vacatur on public‑policy grounds requires explicit conflict with law)