United States District Court, D. Alaska
For International Brotherhood of Teamsters, Local 959, Plaintiff: William B. Schendel, LEAD ATTORNEY, Schendel Law Offices, Fairbanks, AK.
For Horizon Lines of Alaska, LLC, Defendant: William J. Evans, Sedor, Wendlandt, Evans & Filippi, LLC, Anchorage, AK.
ORDER AND OPINION
JOHN W. SEDWICK, UNITED
STATES DISTRICT JUDGE.
[Re: Motions at docket 9 and 13]
I. MOTIONS PRESENTED
At docket 9, petitioner International Brotherhood of Teamsters Local 959 (" Local 959" ) filed a motion for summary judgment, which respondent Horizon Lines of Alaska, LLC (" Horizon" ) opposed at docket 17. Local 959 filed a reply at docket 20.
At docket 13, Horizon also filed a cross-motion for summary judgment. Local 959 filed an opposition at docket 19. Horizon filed a reply at docket 21.
Horizon is a maritime shipping company that employs approximately 17 truck drivers. These drivers own their own trucks and lease them to Horizon. In return, Horizon pays them a wage for the time they spend driving as well as " truck payments," which are based on the number of miles their truck is used for Horizon's purposes.
Horizon's drivers are members of Local 959, a labor organization. Horizon and Local 959 have entered into a collective bargaining agreement that provides for the arbitration of grievances. After Horizon suspended one of Local 959's members, Mike Dropik, Local 959 filed a grievance asserting that Horizon lacked just cause for the suspension. The parties proceeded to arbitration, where they presented the following two questions to the arbitrator: (1) did Horizon have just cause to suspend Dropik?; and (2) if not, what is the appropriate remedy?
At the arbitration hearing Dropik testified in pertinent part that he leases his truck to Horizon and therefore has two separate relationships with Horizon, " one as the owner of the truck and one as a direct employee."  Local 959's closing brief asked the arbitrator to remove the suspension from Dropik's file and make Dropik whole for the wages, benefits, and truck payments he lost in connection with the work he missed.
The arbitrator issued an Opinion and Award finding that Horizon did not have just cause to suspend Dropik and sustaining Local 959's grievance. As to the remedy, the arbitrator ordered Horizon to make Dropik whole " for lost wages, benefits, and truck payments that resulted from the suspension."  The arbitrator did not determine any of these amounts. Instead, he retained jurisdiction ...