Local Union No. 13417 of the United Steelworkers v. Kansas Gas Service Company

Filing 28

MEMORANDUM AND ORDER denying 21 Plaintiff's Motion for Attorney Fees. Signed by District Judge John W. Lungstrum on 7/24/2012. (ses)

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
Local Union No. 13417
of the United Steel Workers,
Plaintiff,
v.

Case No. 12-1003-JWL

Kansas Gas Service Company,
a Division of ONEOK, INC.,
Defendant.
MEMORANDUM AND ORDER
Pursuant to the Federal Arbitration Act, 9 U.S.C.§ 1 et seq., plaintiff brought suit to
compel arbitration of a dispute over retiree health benefits set forth in the parties’ collective
bargaining agreement. Plaintiff moved to compel arbitration pursuant to the FAA and the court
granted the motion. Plaintiff now moves for an award of attorney’s fees for legal work related
to compelling arbitration. Defendant has responded to the motion and plaintiff declined to file
a reply brief.
In its motion, plaintiff seeks an award of fees under the court’s “inherent power” to award
fees when the losing party “has acted in bad faith, vexatiously, wantonly, or for oppressive
reasons.” Chambers v. Nasco Inc., 501 U.S. 32 (1991). In the context of a party’s refusal to
arbitrate, plaintiff contends that fees are appropriate if the party who refused to arbitrate “acted
without justification” or “did not have a reasonable chance to prevail.” Chauffeurs, Teamsters
& Helpers, Local Union No. 765 v. Stroehmann Bros. Co., 625 F.2d 1092, 1094 (3d Cir. 1980);
accord Amaprop Ltd. v. Indiabulls Fin. Servs. Ltd., 2012 WL 1889417, at *1-2 (2d Cir. May 25,

2012) (federal policy in favor of enforcing arbitration agreements weighs in favor of fee awards
against parties who attempt, without legitimate basis, to circumvent arbitration; fees appropriate
if party could not have reasonably expected to prevail and did not have a “colorable” legal
position).
Without question, plaintiff cannot meet its burden of showing that defendant had no
legitimate basis to oppose arbitration. See Mountain West Mines, Inc. v. Cleveland-Cliffs Iron
Co., 470 F.3d 947, 954 (10th Cir. 2006) (fee award pursuant to bad-faith exception is appropriate
only in “exceptional cases and for dominating reasons of justice”). As defendant aptly highlights
in its response, defendant’s opposition to arbitration was based in large part on a case from the
Seventh Circuit, Rossetto v. Pabst Brewing Co., 128 F.3d 538 (7th Cir. 1997). While the court
distinguished this case from Rossetto in rejecting defendant’s argument, it cannot reasonably be
argued that defendant did not have a colorable legal position when it relied on Rossetto.
Defendant also relied on the Supreme Court’s decision in Litton Financial Printing Division v.
NLRB, 501 U.S. 190 (1991) in arguing that the Union’s “postexpiration” grievance was not
arbitrable. While the court ultimately rejected that argument as well, it did not do so without
rigorously analyzing pertinent case law and defendant’s argument–an argument that was both
colorable and legitimate. Finally, defendant argued that even if arbitration was appropriate, the
Union was required to obtain the consent of the retirees in order to represent the retirees in
arbitration. The court agreed fully with defendant in this regard.
In short, defendant, through its counsel, presented arguments in opposition to arbitration
that a reasonable and zealous advocate could be expected to present on behalf of a client.
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Finding no suggestion of bad faith on the part of defendant, the court denies plaintiff’s motion
for attorney’s fees in its entirety.

IT IS THEREFORE ORDERED BY THE COURT THAT plaintiff’s motion for
attorney’s fees (doc. 21) is denied.

IT IS SO ORDERED.

Dated this 24th day of July, 2012, at Kansas City, Kansas.

s/ John W. Lungstrum
John W. Lungstrum
United States District Judge

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