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United Gov't Sec. Officers of America v. Exelon Nuclear Sec., LLC

United States District Court, E.D. Pennsylvania

June 3, 2014

UNITED GOVERNMENT SECURITY OFFICERS OF AMERICA, INTERNATIONAL UNION, et al., Plaintiffs & Counterclaim Defendants,
v.
EXELON NUCLEAR SECURITY, LLC, Defendant & Counterclaim Plaintiff, and EXELON GENERATION CO., LLC, Third Party Counterclaim Plaintiff

Decided June 2, 2014

For United Government Security Officers of America, International Union, United Government Security Officer of America, Local 17, Plaintiffs: THOMAS HERMAN KOHN, LEAD ATTORNEY, MARKOWITZ & RICHMAN, Philadelphia, PA; ROBERT B. KAPITAN, PRO HAC VICE, Westminster, CO.

For Exelon Nuclear Security, LLC, Defendant, Counter Claimant: MATTHEW M. GUTT, LEAD ATTORNEY, EXELON BUS SERV CO, Philadelphia, PA; BRIAN J. GOLD, PRO HAC VICE, JONATHAN D. LOTSOFF, SIDLEY AUSTIN LLP, Chicago, IL.

For Exelon Generation Company, LLC., Counter Claimant: MATTHEW M. GUTT, LEAD ATTORNEY, EXELON BUS SERV CO, Philadelphia, PA; BRIAN J. GOLD, PRO HAC VICE, JONATHAN D. LOTSOFF, SIDLEY AUSTIN LLP, Chicago, IL.

For United Government Security Officer of America, Local 17, Counter Defendant: THOMAS HERMAN KOHN, LEAD ATTORNEY, MARKOWITZ & RICHMAN, Philadelphia, PA.

For United Government Security Officers of America, International Union, Counter Defendant: THOMAS HERMAN KOHN, LEAD ATTORNEY, MARKOWITZ & RICHMAN, Philadelphia, PA; JOHN A. TUCKER, Alliance, OH.

OPINION

Page 461

MEMORANDUM

GENE E.K. PRATTER, United States District Judge.

The United Government Security Officers of America, International Union, and its Local 17 (collectively, " the Union" ), sued Exelon Nuclear Security (" ENS" ) to compel arbitration, pursuant to the parties' Collective Bargaining Agreement (" CBA" ), of the Union's grievance, filed on behalf of

Page 462

armed nuclear security officer (" ANSO" ) and Union member William Bastone, that ENS refused to arbitrate. Twice before the Court addressed the factual and procedural issues in this case. United Gov't Sec. Officers of Am., Int'l Union v. Exelon Nuclear Sec., LLC ( UGSOA II ), No. 11-1928, 2013 WL 5812111 (E.D. Pa. Oct. 24, 2013); United Gov't Sec. Officers of Am., Int'l Union v. Exelon Nuclear Sec., LLC ( UGSOA I ), No. 11-1928, 2011 WL 5340043 (E.D. Pa. Nov. 4, 2011). Both parties now move for summary judgment--the Union to compel arbitration and ENS for judgment in its favor because either the CBA excludes this dispute from arbitration or federal law precludes arbitration of this type of dispute (Docket Nos. 60 and 58, respectively).[1]

For the reasons explained below, the Court will grant ENS's Motion for Summary Judgment on grounds that the CBA excludes this dispute from arbitration. Consequently, it will deny the Union's Motion and ...


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