Rebecca Groves v. Comm Workers of America
Filing
PUBLISHED AUTHORED OPINION filed. Originating case number: 8:12-cv-03329-TMC. [999771531]. [14-1854]
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PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1854
REBECCA GROVES; JONATHAN HADDEN,
Plaintiffs - Appellants,
v.
COMMUNICATION WORKERS OF AMERICA, Communication Workers of
America District 3; COMMUNICATION WORKERS OF AMERICA, LOCAL
3702,
Defendants – Appellees,
and
AT&T MOBILITY LLC,
Defendant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Timothy M. Cain, District Judge.
(8:12−cv−03329−TMC)
Argued:
October 27, 2015
Decided:
March 10, 2016
Before KEENAN, WYNN, and DIAZ, Circuit Judges.
Affirmed by published opinion. Judge Diaz wrote the opinion, in
which Judge Keenan and Judge Wynn joined.
ARGUED: Jeffrey Parker Dunlaevy, STEPHENSON & MURPHY, LLC,
Greenville, South Carolina, for Appellants.
Tessa Addie-Lee
Warren, QUINN, CONNOR, WEAVER, DAVIES & ROUCO, LLP, Decatur,
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Georgia, for Appellees. ON BRIEF: Nancy Jo Thomason, Anderson,
South Carolina, for Appellees.
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DIAZ, Circuit Judge:
Section
301
of
the
Labor
Management
Relations
Act,
29
U.S.C. § 185, allows litigants to bring “[s]uits for violation
of contracts between an employer and a labor organization” in
federal district court.
his
employer
for
a
Usually, an employee who wants to sue
violation
of
a
collective
bargaining
agreement must first exhaust the contractual remedies in that
agreement.
(1965).
Republic Steel Corp. v. Maddox, 379 U.S. 650, 652-53
“The reasoning behind this rule is simple.
Federal
labor law policy favors adjustment by the parties of disputes
arising under a collective bargaining agreement.”
Amburgey v.
Consolidation Coal Co., 923 F.2d 27, 29 (4th Cir. 1991).
However, in a so-called hybrid § 301 action, an employee
may
forego
breached
employer
its
exhaustion
duty
violated
of
the
by
showing
fair
“both
representation
collective
1) that
the
and
2) that
bargaining
union
his
agreement.”
Thompson v. Aluminum Co. of Am., 276 F.3d 651, 656 (4th Cir.
2002). *
actions
A union breaches its duty of fair representation “if its
are
either
‘arbitrary,
*
discriminatory,
or
in
bad
While the employee must satisfy both prongs, he need not
sue both his employer and his union. DelCostello v. Int’l Bhd.
of Teamsters, 462 U.S. 151, 165 (1983) (“The employee may, if he
chooses, sue one defendant and not the other; but the case he
must prove is the same whether he sues one, the other, or
both.”).
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faith.’”
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Air Line Pilots Ass’n, Int’l v. O’Neill, 499 U.S. 65,
67 (1991) (quoting Vaca v. Sipes, 386 U.S. 171, 190 (1967)).
Rebecca
Groves
and
Jonathan
Hadden
(collectively,
“Plaintiffs”) sued their employer, AT&T Mobility (“AT&T”); their
union, Communications Workers of America, District 3 (“CWA”);
and CWA’s local affiliate, Local 3702, under § 301.
Plaintiffs
alleged that AT&T breached their collective bargaining agreement
by wrongfully terminating Plaintiffs’ employment, and that CWA
and Local 3702 breached their duty of fair representation by
failing
to
inform
termination.
Plaintiffs
Plaintiffs
and
of
a
AT&T
settlement
settled,
offer
and
for
the
that
district
court granted CWA and Local 3702’s motion for summary judgment.
Because we find that Plaintiffs’ allegations cannot form the
basis of a hybrid § 301 suit, we affirm.
I.
A.
Plaintiffs
began
working
for
AT&T
as
retail
consultants in Anderson, South Carolina, in December 2008.
became
members
“Union”).
of
CWA
and
Local
3702
(collectively,
sales
Both
the
On March 27, 2010, CWA, as the exclusive bargaining
representative
for
Plaintiffs,
entered
into
a
collective
bargaining agreement with AT&T that was effective until February
7, 2014.
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Article 7 of the agreement set out the required grievance
procedure
for
allegations
“that
an
employee
has
been
discharged . . . or otherwise disciplined without just cause.”
J.A. 35.
Any grievance not resolved or addressed “informally
with the first level of [m]anagement” had to be submitted by the
Union to AT&T in writing within forty-five days of “the action
complained
of.”
Id.
The
agreement
also
provided
that
“[f]ailure to submit or pursue a grievance under the conditions
and within the time and manner stated above shall be construed
to be a waiver by the employee and the Union of the formal
grievance.”
J.A. 36.
Where such waiver occurred, the Union
could only grieve by “appeal[ing] to arbitration and ask[ing]
the arbitrator to decide the timeliness issue before addressing
the merits.”
J.A. 47.
New employees received copies of the collective bargaining
agreement and were informed of their right to file grievances at
their orientations.
Both Plaintiffs attended an orientation.
Groves received a copy of the agreement, while Hadden does not
recall if he did.
Hadden and Groves were fired on May 31, and June 2, 2012,
respectively, for failing to meet sales goals after receiving
previous
disciplinary
warnings.
Neither
Hadden
nor
Groves
contacted the Union about the earlier warnings or about their
terminations
and
neither
filed
5
a
grievance.
AT&T
does
not
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notify the Union that it has fired a Union member; generally,
the
Union
learns
of
a
termination
only
when
the
employee
requests that the Union file a grievance.
On August 22, 2012, Steve Frost, the executive director of
labor relations at AT&T, emailed Betty Witte, CWA administrative
director, to explain that AT&T had discovered in July that the
reports from April and May 2012 that had led to the termination
of sixteen employees, including Plaintiffs, were flawed.
Frost
asked Witte to reach out to the affected employees to let them
know that AT&T was offering them a settlement of either $2,500
and reinstatement, or $5,000 without reinstatement.
He asked
for a response by August 31.
Witte
forwarded
representative
for
this
CWA.
email
On
to
August
Gerald
24,
Souder,
Souder
a
staff
forwarded
the
email to Les Powell, the president of Local 3702, asking him to
contact Plaintiffs, and noting “[t]here may or may not be . . .
a grievance filed.”
J.A. 115.
Souder emailed Powell again on
September 19 because he had received no response.
Local 3702 had membership cards for Plaintiffs with their
contact information, but Powell admits that he made no attempt
to contact Plaintiffs because they had not filed grievances or
otherwise communicated with the Union.
Souder attested that he
was “under the impression Local 3702 had been unable to contact
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Plaintiffs,”
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J.A.
45,
but
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Powell
stated
that
he
never
told
Souder that he could not locate Plaintiffs.
Groves later learned of the settlement offers independently
and informed Hadden.
only
the
table.
$5,000
Both contacted Souder, who told them that
offer
without
reinstatement
remained
on
the
Plaintiffs each expressed a preference for reinstatement
and a desire to file a grievance.
Souder responded that there
was no provision for filing a grievance beyond the forty-fiveday limit.
B.
Plaintiffs sued AT&T and the Union under § 301 of the Labor
Management Relations Act, 29 U.S.C. § 185, alleging that AT&T
breached the collective bargaining agreement by firing them on
the basis of faulty data, and that the Union breached the duty
of
fair
representation
settlement offers.
by
failing
to
inform
them
of
the
Plaintiffs settled with AT&T, and they were
reinstated to their former positions in March 2013.
Plaintiffs
moved
for
partial
summary
judgment
liability, and the Union moved for summary judgment.
hearing,
the
district
court
granted the Union’s motion.
denied
Plaintiffs’
as
to
After a
motion
and
The court held that a threshold
requirement for a § 301 action was to establish that the Union
“breached [its] duty so as to prevent Plaintiffs from exhausting
their claims under the [collective bargaining agreement] against
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AT&T.”
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Groves v. AT&T Mobility, LLC, No. 8:12-3329-TMC, 2014 WL
3809665,
at
*
3
(D.S.C.
Aug.
1,
2014).
Because
Plaintiffs
“argue[d] only that the Union[] failed to timely notify them of
the
settlement
breached
a
before
duty
it
of
fair
expired”—and
not
representation
that
in
“the
regard
grievances”—Plaintiffs failed to meet that threshold.
Union
to
any
Id.
This appeal followed.
II.
The central question raised by this appeal is whether a
hybrid
conduct
§ 301
suit
that,
can
though
properly
obstructive,
be
used
did
to
not
challenge
contribute
union
to
the
employees’ failure to exhaust their contractual remedies for the
employer’s conduct.
Because such use would extend the hybrid
§ 301 suit beyond its logical scope, we hold that it cannot.
A.
We review a district court’s grant or denial of summary
judgment de novo.
395
(4th
Cir.
Hunter v. Town of Mocksville, 789 F.3d 389,
2015),
cert.
denied
136
S.
Ct.
897
(2016).
Summary judgment is appropriate when, viewing the facts in the
light most favorable to the nonmoving party, id., “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).
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B.
The hybrid § 301 action exists to avoid the “unacceptable
injustice”
exhaust
that
his
would
occur
contractual
if
an
remedies
employee
even
were
though
required
“the
to
union
representing the employee in the grievance/arbitration procedure
act[ed]
in
such
perfunctory
a
discriminatory,
fashion
representation.”
as
to
dishonest,
breach
its
arbitrary,
duty
of
or
fair
DelCostello v. Int’l Bhd. of Teamsters, 462
U.S. 151, 164 (1983).
The Supreme Court has repeatedly framed the hybrid § 301
action as a solution to that specific injustice: an employee
unable to exhaust contractual remedies because of his union’s
breach of the duty of fair representation.
Sipes,
the
Court
held
that
an
“employee
Thus, in Vaca v.
may
seek
judicial
enforcement of his contractual rights” where “the union has sole
power under the contract to invoke the higher stages of the
grievance
procedure,
and
if . . . the
employee-plaintiff
has
been prevented from exhausting his contractual remedies by the
union’s wrongful refusal to process the grievance.”
185.
386 U.S. at
Similarly, in Hines v. Anchor Motor Freight, Inc., the
Court explained that because the contractual remedies for an
employer’s mistreatment of an individual employee are “at least
in their final stages controlled by union and employer,” the
hybrid
§ 301
action
provides
an
9
alternative
remedy
in
cases
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where the union “refuse[s] to utilize [the contractual remedies]
or,
if
it
does
[utilize
them],
discriminatorily or in bad faith.”
Our
sister
circuits
have
assertedly
[does]
so
424 U.S. 554, 564 (1976).
placed
express
and
implied
limitations on the use of the hybrid § 301 action that align
with that understanding of its purpose.
and
Sixth
Circuits
both
hybrid § 301 claims.
F.3d
211,
221
have
causal
For example, the First
nexus
requirements
for
See Blesedell v. Chillicothe Tel. Co., 811
(6th
Cir.
2016)
(“In
addition
to
proving
arbitrary, discriminatory, or bad-faith conduct, a hybrid-claim
plaintiff must prove that a union’s actions or omissions ‘more
than likely affected’ the outcome of the grievance procedure.”
(quoting Dushaw v. Roadway Express, Inc., 66 F.3d 129, 132 (6th
Cir. 1995))); Mulvihill v. Top-Flite Golf Co., 335 F.3d 15, 20
(1st Cir. 2003) (“To reach this [hybrid § 301] safe harbor, the
claimant must prove an erroneous discharge, a breach of duty on
the union’s part, and a causal nexus between the two, that is,
‘that [the] union’s breach of its duty “seriously undermine[d]
the
integrity
of
the
[grievance]
process.”’”
(alterations
in
original) (quoting United Parcel Serv., Inc. v. Mitchell, 451
U.S. 56, 61 (1981))).
hybrid
breached
§ 301
its
actions
duty
of
The Second Circuit has repeatedly defined
as
fair
involving
claims
representation
in
employee’s] grievance against the employer.”
10
“that
the
redressing
union
[the
White v. White
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Rose Food, 128 F.3d 110, 113 (2d Cir. 1997); see also McKee v.
Transco Prods., Inc., 874 F.2d 83, 86 (2d Cir. 1989) (“A hybrid
[§ 301] case is one in which the employee has a cause of action
against both the employer and the union. . . . The claim against
the
union
is
that
the
union
did
not
properly
represent
the
employee in pressing his grievance against the employer.”).
C.
Consistent with these cases, we hold that a hybrid § 301
claim requires an allegation that the union’s breach of its duty
of
fair
representation
played
some
role
in
failure to exhaust his contractual remedies.
the
employee’s
This understanding
of the hybrid § 301 claim best accords with the Supreme Court’s
articulation of the claim’s purpose, and our sister circuits’
limitations on the claim.
To hold otherwise would transform the
hybrid § 301 suit from a safeguard for wronged employees whose
unions fail to assert the employees’ rights, to a tool to bypass
the normal exhaustion rule for claims against an employer, any
time
employees
also
have
some
unrelated
claim
against
their
union.
Here, Plaintiffs do not allege that the Union’s conduct
prevented
them
from
grieving
their
collective bargaining agreement.
terminations
under
the
And because Plaintiffs did not
file a grievance with the Union, the Union did not know that
Plaintiffs
were
terminated—and
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therefore
did
not
have
an
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opportunity to discover that AT&T’s data was flawed—until after
the contractual period for filing a grievance had passed.
The
Union’s failure to contact Plaintiffs regarding the settlement
offers
was
irresponsible
at
best,
and
certainly
prevented
Plaintiffs from accepting AT&T’s original reinstatement offer.
However, having waived their right to grieve, Plaintiffs were
not
entitled
to
that
offer
under
the
collective
bargaining
agreement, and the Union’s conduct therefore had nothing to do
with
their
failure
to
vindicate
their
rights
through
the
contractually designated procedures.
Plaintiffs contend that because they told the Union they
wanted to file grievances as soon as they learned about the
faulty
data,
contractual
they
“were
remedies
as
Appellants’ Br. at 16.
terms
of
the
as
diligent
in
pursuing
they
possibly
could
their
have
been.”
This is, at base, a complaint about the
collective
bargaining
agreement,
which
requires
grievances to be filed within forty-five days “of the action
complained
of,”
and
does
not
have
any
provision
for
tolling
where the underlying facts were unknown or undiscoverable.
J.A.
35.
Plaintiffs do not allege the Union breached its duty of
fair
representation
in
negotiating
the
collective
bargaining
agreement, and they thus are bound by its terms.
We do not decide today that an employee must always have
attempted to grieve before he can bring a hybrid § 301 claim.
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In a case where an employee’s failure to invoke the grievance
process was caused by the union’s breach of the duty of fair
representation, a hybrid § 301 claim might well be viable.
simply
hold
union’s
that
breach
there
must
be
its
duty
of
of
some
causal
fair
nexus
We
between
representation
and
a
an
employee’s failure to exhaust contractual remedies.
Our
holding
is
consistent
with
those
cases
that
have
allowed a hybrid § 301 claim involving a union’s breach of the
duty of fair representation in its negotiation or amendment of
the collective bargaining agreement.
See Lewis v. Tuscan Dairy
Farms, Inc., 25 F.3d 1138 (2d Cir. 1994); Adkins v. Int’l Union
of Elec., Radio, & Mach. Workers, 769 F.2d 330 (6th Cir. 1985).
In such cases, the employees are not attacking specific actions
by the employers as inconsistent with the collective bargaining
agreement, but rather the terms of the collective bargaining
agreement itself and the union’s role in crafting it.
Where
that occurs, the union’s breach would be causally connected to
the
employee’s
failure
to
exhaust,
because
requiring
the
employee to exhaust the allegedly flawed contract’s remedies,
controlled
by
the
allegedly
“unacceptable injustice.”
breaching
union,
would
be
an
DelCostello, 462 U.S. at 164.
We hasten to add that our decision does not leave employees
without
a
remedy
on
these
facts,
as
Plaintiffs
could
have
brought a stand-alone breach of the duty of fair representation
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claim against the Union.
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See O’Neill, 499 U.S. at 67 (“[T]he
rule announced in [Vaca]—that a union breaches its duty of fair
representation
if
discriminatory,
or
activity . . . .”
its
in
actions
bad
(quoting
are
either
faith’—applies
386
U.S.
at
190));
‘arbitrary,
to
all
union
Breininger
v.
Sheet Metal Workers Int’l Ass’n Local Union No. 6, 493 U.S. 67,
86-87
(1989)
independently
(“The
from
duty
the
of
grant
fair
representation . . .
under . . .
the
[National
arises
Labor
Relations Act] . . . of the union’s exclusive power to represent
all employees in a particular bargaining unit.
It serves as a
‘bulwark to prevent arbitrary union conduct against individuals
stripped of traditional forms of redress by the provisions of
federal labor law.’” (quoting Vaca, 386 U.S. at 182)).
III.
Because the undisputed facts make it clear that any breach
of the Union’s duty of fair representation did not contribute to
Plaintiffs’ failure to exhaust their contractual remedies, we
affirm the district court’s judgment.
AFFIRMED
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