Monongahela Valley Hospital, Inc. v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial & Service Workers International Union, No. 19-2182 (3d Cir. 2019)Annotate this Case
The Hospital has approximately 1,100 employees. About 500 are represented by the Union. Supervisors are not included in the bargaining unit. The collective bargaining agreement (CBA) provides that [v]acation will, so far as possible, be granted at times most desired by employees; but the final right to allow vacation periods, and the right to change vacation periods[,] is exclusively reserved to the Hospital. Any changes in vacation schedules may be realized by mutual consent. In the event the Hospital unilaterally changes a schedule causing the employee to suffer financial loss, the Hospital agrees to reimburse the employee for provable loss. Konsugar requested vacation during the week of December 25, 2017. The Hospital denied her request because her supervisor had requested that same week off and both could not be away at the same time. Konsugar filed a grievance. The arbitrator stated he could not “conclude that the subsequent reservation of exclusivity in allocating vacations entirely to the Hospital completely negates . . . ‘so far as possible’” and sustained the grievance. In a suit under the Labor Management Relations Act, 29 U.S.C. 185, the Third Circuit affirmed summary judgment in favor of the Hospital. The arbitrator’s decision disregarded the plain language of the CBA, ignored the intentions of the parties, and failed to construe such provision to give effect to all parts of the provision.