Professional Documents
Culture Documents
JURISDICTION
1. This is an action to vacate a labor arbitration award. Jurisdiction is conferred upon this
185 (“LMRA”).
PARTIES
1
Case 2:09-cv-07191-MLCF-KWR Document 1 Filed 11/03/2009 Page 2 of 8
FACTS
4. Murphy and the Union (collectively “the Parties”) are signatories to written collective
bargaining agreements, which in this case was an agreement effective March 1, 2002
5. On or about September 28, 2005, the Parties entered into a Facility Restoration
Agreement (“FRA”) in the wake of Hurricane Katrina’s devastating effect upon the St.
Bernard Parish refinery operated by Murphy. Murphy and the Union jointly negotiated
the FRA, which contractually superseded the CBA except for the limited provisions that
were expressly incorporated into the FRA—one which was the CBA’s dispute-resolution
provisions.
6. The Parties’ Agreement provides for resolution of all disputes and grievances through a
prohibit an arbitrator from adding to, detracting from, or altering in any way the
7. On or about November 4, 2005, the Union filed a grievance on behalf of five of its
selected Arbitrator Leonard C. Bajork, through the Federal Mediation & Conciliation
Service (“FMCS”).
8. After agreeing upon a date on which the arbitration hearing was to be held, counsel for
Murphy fell ill. The arbitration hearing was cancelled and rescheduled for that reason.
2
Case 2:09-cv-07191-MLCF-KWR Document 1 Filed 11/03/2009 Page 3 of 8
9. On or about the new date for the arbitration hearing, one of the Union’s principal
10. By the time news of this reached Arbitrator Bajork, he was already in route to New
Orleans or had already arrived. He thus contacted the Parties to suggest that a conference
11. That conference was held in the law offices of Murphy’s labor counsel on or about March
25, 2008.
12. The Parties timely submitted its post-hearing briefs to Arbitrator Bajork.
13. On June 12, 2008, Arbitrator Bajork issued a written award sustaining the Union’s
grievance. Arbitrator Bajork decided that Murphy violated Paragraphs 2, 4, and 7 of the
FRA.
14. On June 20, 2008, Murphy wrote to Arbitrator Bajork requesting that he withdraw his
award and set a conference call between the parties for the purpose of establishing a
hearing date.
15. On June 23, 2008, the Arbitrator arranged for a conference call with the parties. After the
conclusion of the conference call, the Arbitrator instructed the parties to each brief the
reasons for and against reopening the case’s record with a subsequent hearing.
17. On July 9, 2008, after fully considering the briefs, the Arbitrator decided to deny
3
Case 2:09-cv-07191-MLCF-KWR Document 1 Filed 11/03/2009 Page 4 of 8
18. On July 10, 2008, Murphy brought a complaint to set aside the Arbitrator’s decision,
which was docketed on July 10, 2008, Case No. 2:08cv03899, before Judge Mary Ann
Vial Lemmon.
19. On July 23, 2008, the Union brought a counterclaim to enforce the decision of the
Arbitrator.
20. On November 12, 2008, the Union filed a Motion for Summary Judgment to Enforce the
Motion for Summary Judgment to Enforce the Neutral Arbitrator’s Award. Murphy also
22. On December 17, 2008, the Union filed a Memorandum in Opposition to Murphy’s
23. On March 4, 2009, the Court denied the Union’s Motion for Summary Judgment and
granted Murphy’s Motion for Summary Judgment, remanding the matter to the arbitrator
24. On March 6, 2009, Murphy filed a Motion to Alter Judgment, seeking removal of
arbitrator Bajork.
25. On March 24, 2009, the Union filed a Memorandum in Opposition to Murphy’s Motion
to Alter Judgment.
26. On April 2, 2009, the Court denied Murphy’s Motion to Alter Judgment.
27. In compliance with the March 4, 2009 court order, the parties met for a second arbitration
hearing on June 16, 2009. The parties post-hearing briefs were due July 29, 2009.
4
Case 2:09-cv-07191-MLCF-KWR Document 1 Filed 11/03/2009 Page 5 of 8
28. At the close of the June 16, 2009 arbitration hearing in this matter, the Arbitrator
requested to speak with the Union’s attorney, Louis Robein, concerning a matter
29. Arbitrator Bajork shared with Mr. Robein an arbitration experience he had with another
USW Local in Texas, which resulted in him filing and unsuccessfully prosecuting a
30. Bajork stated that there remains a claim for a $675 cancellation fee that he was seeking
from the Texas USW Local Union. Bajork asked Mr. Robein to pass along the message
to the USW that he was “going after” the Local for the claimed charges and desired the
USW’s assistance in recovering the disputed charge. He coupled this request for
assistance with a remark that he was unsure how he would decide the pending case before
him.
31. On June 23, 2009, Robein, on behalf of the Union, wrote to Bajork and requested his
recusal from the case. A copy of that letter is attached hereto as Exhibit “A.”
32. On June 24, 2009, Bajork, via e-mail, denied Mr. Robein’s request for recusal.
34. On July 23, 2009, after Bajork refused to recuse himself, Union’s counsel contacted the
FMCS for advice on the appropriate FMCS procedure to address this matter.
36. On July 30, 2009, the FMCS informed Mr. Robein that it planned on issuing a complaint
with the its Arbitrator Review Board against Bajork for his actions.
37. On August 3, 2009, Robein, via e-mail, informed Bajork that the parties were discussing
settlement and had agreed to extend the briefing deadline thirty (30) days.
5
Case 2:09-cv-07191-MLCF-KWR Document 1 Filed 11/03/2009 Page 6 of 8
38. On August 4, 2009, Bajork, via e-mail, informed the Parties that the extension had been
39. On September 1, 2009, Robein, via e-mail, informed Bajork that the parties had agreed to
extend the briefing deadline for two weeks. Robein also informed Bajork that the Union
40. That same day, Bajork directly contacted an Employer representative (not counsel).
Bajork wanted to ascertain the reason for the requested extension. He also attempted to
41. On September 2, 2009, Mr. Robein advised Bajork not to violate ethical standards by
attempting to directly communicate with the clients. Further, Robein informed Bajork
that according to FMCS rules and guidelines he must grant the two-week extension since
43. Later that day, Bajork again made ex parte contact. Specifically, Bajork sent Robein an e-
mail stating that “[w]e have a serious disagreement. I’m not in the business of ‘losing.”’
He further stated, “I suggest you back down in the interest of your client if you know
44. On September 3, Bajork, via e-mail, denied the parties motion for extension.
45. Due to the Arbitrator’s clear conflict of interest and misbehavior, Union’s counsel did not
46. On October 2, 2009, Arbitrator Bajork issued a written award denying the Union’s
6
Case 2:09-cv-07191-MLCF-KWR Document 1 Filed 11/03/2009 Page 7 of 8
47. The award that the Arbitrator issued, therefore, runs contrary to both the Parties’ labor
48. Thus, the matter before this Court represents an actionable dispute arising under Section
301 of the LMRA. The Arbitrator’s award, inter alia, is a result of misbehavior that
prejudiced the rights of one of the parties. As such, the award is subject to vacatur
pursuant to the terms set forth in the Federal Arbitration Act, 9 U.S.C. § 10.
49. The Union seeks an Order from the court vacating the arbitration award dated October 2,
2009 and remanding the underlying grievance to arbitration before another arbitrator
WHEREFORE, the Union prays that, after due proceedings are had, this Court will grant
the relief requested herein and for all other relief deemed just and necessary under the
circumstances.
Respectfully submitted,
s/ Kevin R. Mason
Kevin R. Mason (Bar No. 31394)
Louis L. Robein (Bar No. 11307)
2540 Severn Avenue, Suite 400 (70002)
P. O. Box 6768
Metairie, Louisiana 70009-6768
Telephone: (504) 885-9994
Facsimile: (504) 885-9969
Email: kmason@ruspclaw.com
lrobein@ruspclaw.com
7
Case 2:09-cv-07191-MLCF-KWR Document 1 Filed 11/03/2009 Page 8 of 8
PLEASE SERVE:
8
Case 2:09-cv-07191-MLCF-KWR Document 1-2 Filed 11/03/2009 Page 1 of 2
ROBEIN, URANN,
SPENCER, PICARD & CANGEMI
(A Professional Law Corporation)
2540 SEVERN AVENUE, SUITE 400, METAIRIE, LA 70002
P. O. BOX 6768, METAIRIE, LA 70009-6768
TELEPHONE: (504) 885-9994
FACSIMILE: (504) 885-9969
www.ruspclaw.com
Re: USW on behalf of USW Local 8363 (Murphy Oil/Facility Restoration Agreement)
FMCS No. 060627-57460-3
I write on behalf of my client seeking your immediate recusal from any further
participation in the above referenced arbitration proceeding and your complete withdrawal as
Arbitrator.
As you are aware, at the close of the June 16, 2009 hearing in this matter you asked that
I speak to you concerning a matter “unrelated” to the case at hand. You initially indicated that
you had wished that USW International Representative Sanders, who had advocated at the first
“hearing” in this case, had attended the June 16 hearing so that you could pass on information
that you intended to address with me. You then proceeded to relate an arbitration experience
you had with another USW Local in Texas, which resulted in your filing and unsuccessfully
prosecuting a defamation lawsuit against USW counsel in that matter. You stated that there
remains a claim for a $675 cancellation fee that you were seeking from the Texas Local. You
asked that I pass along the message to the USW that you were “going after” the Local for the
claimed charges and desired my client’s assistance in recovering the disputed charge.
I have discussed this matter with client. I have no choice but to seek your recusal. The
interjection of this matter minimally raises the appearance of a serious impropriety. My client
can not proceed with this matter given the threat of legal action against it or one of its Locals
and the request for “assistance” from the USW.
Case 2:09-cv-07191-MLCF-KWR Document 1-2 Filed 11/03/2009 Page 2 of 2
Leonard C. Bajork
June 23, 2009
Page 2
_______________
Your legal entanglement with the USW Local in question should have been disclosed at
the outset to both parties to the case at hand. It is a required disclosure under Section 2 of the
Code of Professional Responsibility for Arbitrators of Labor-Management Disputes, Effective
May 2007. As an attorney-arbitrator, you had special ethical obligations to disclose the ongoing
litigation and certainly your stated intent to “go after” the USW affiliate.
This formal demand is being served on Mr. Shuler, counsel for the Employer.
I expect your cooperation in this matter, which would include your notification to the
FMCS of your recusal. Please communicate your response to both counsel. For obvious
reasons, I can not and will not participate in any ex parte discussion with you over any matter
relating to this case.
Louis L. Robein
LLR/mw