ILNews

Judges: Dispute can be arbitrated

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
A union and the owner of the facility the union wants to organize can proceed to arbitration to decide whether the facility is a covered workplace under an agreement requiring neutrality, the 7th Circuit Court of Appeals ruled today.

In United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union v. TriMas Corporation, No. 07-1688, the United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) brought an action in federal court to compel arbitration under the Labor-Management Relations Act after TriMas Corporation refused to submit a dispute with the union to arbitration.

USW informed TriMas, which was a subsidiary of Heartland Industrial Partners, it wanted to organize a TriMas plant in Auburn, Ind., which it believed was considered a "covered workplace" subject to the provisions of an agreement executed between TriMas and USW that required neutrality by TriMas when organizing. The agreement also included an arbitration clause.

USW and Heartland agreed the company and its subsidiaries would remain neutral during organization efforts and would recognize a union if the majority of employees agreed to have USW represent them. The company had its subsidiaries execute agreements with USW directly.

Later, leaders from Heartland and USW wrote a memorandum outlining which plants could be targeted for unionizing based on how amenable the plants would be to the efforts. The Auburn plant wasn't listed in the memorandum. USW never signed the memorandum and no other written agreement about the issue was executed.

When USW tried to get assurances from TriMas that it would remain neutral during an organizing effort at the Auburn plant, TriMas refused; the company also refused to submit the dispute to arbitration, arguing that the Auburn plant wasn't a "covered workplace" under the agreement between TriMas and USW as a result of the memorandum.

USW filed suit in U.S. District Court, Northern District of Indiana, Fort Wayne Division, which granted USW's motion for summary judgment.

The District Court was correct in granting summary judgment for USW, compelling arbitration, and refusing to consider evidence submitted by TriMas because the evidence was irrelevant to the question of the arbitrability because it didn't have to do with the interpretation of the arbitration clause itself, wrote Judge Richard Cudahy. Under the language of the agreement between TriMas and USW, the Auburn plant would be a "covered workplace" because the agreement doesn't list specific plants that it covers.

"Because this dispute is covered by the plain language of the arbitration clause and by nothing else, it should be submitted to arbitration," he wrote.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

  2. I was looking through some of your blog posts on this internet site and I conceive this web site is rattling informative ! Keep on posting . dfkcfdkdgbekdffe

  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

ADVERTISEMENT