Denise Catasus v. Bellsouth Telecommunications, Inc.

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
JULY 22, 2010
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 10-10772
Non-Argument Calendar
________________________
D. C. Docket No. 1:09-cv-21191-UU
DENISE CATASUS,
Plaintiff-Appellant,
versus
BELLSOUTH TELECOMMUNICATIONS, INC.,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(July 22, 2010)
Before TJOFLAT, BIRCH and WILSON, Circuit Judges.
PER CURIAM:
Denise Catasus (“Catasus”) appeals the district court’s order granting

-- 1 of 6 --

summary judgment in favor of BellSouth Telecommunications, Inc. (“BellSouth”),
in a suit seeking to vacate an arbitration opinion. On appeal, Catasus argues that
the district court improperly granted summary judgment in favor of BellSouth
because the original arbitration opinion – upholding Catasus’ termination – went
beyond the issues submitted and exceeded the arbitrator’s jurisdiction. We
AFFIRM the district court’s grant of summary judgment in favor of BellSouth.
I. BACKGROUND
Catasus was employed by BellSouth as a sales representative in Miami,
Florida until her termination on 3 July 2006. 1-27 at 1; 1-1 at Ex. A, Arb. Op. and
Award at 1. The terms and conditions of her employment were covered by a
collective bargaining agreement (“CBA”) between herself and the Communication
Workers of America. 1-27 at 1; 1-1 at Ex. A, Arb. Op. and Award at 2. Pursuant
to the CBA, Catasus filed a grievance concerning her termination, which was not
resolved through the internal grievance procedure and was subsequently presented
to an arbitrator for review and resolution. 1-27 at 1; 1-1 at Ex. A, Arb. Op. and
Award at 11. The only issue submitted to the arbitrator was: “Was the termination
of Denise Catasus for just cause?” 1-27 at 1.
At the arbitration hearing, each party submitted exhibits, and sworn
testimony was taken. Id. at 2. As part of the evidence submitted, BellSouth
2

-- 2 of 6 --

included a copy of its Short Term Disability Plan (“STDP”) which was not part of
the CBA, but was the subject of a dispute preceding Catasus’ termination. Id.
Subsequently, the arbitrator issued his twenty-six page opinion and award on 22
November 2008. Id.; 1-1 at Ex. A, Arb. Op. and Award. The opinion and award
described an injury which occurred while Catasus was working for BellSouth,
detailed the communications and administration related to Catasus’ application for
short term disability, and ultimately held that BellSouth had just cause to terminate
Catasus. 1-1 at Ex. A, Arb. Op. and Award.
On 19 February 2009, Catasus filed a Petition to Vacate Arbitration Award
in the Eleventh Judicial Circuit, in and for Miami-Dade County, Florida which
argued that the arbitration award should be vacated because: (1) the award went
beyond the issue submitted, (2) the arbitrator exceeded his jurisdiction, and (3) the
award was so arbitrary and capricious it amounted to a deprivation of due process.
1-29 at 4. BellSouth removed the action to the United States District Court for the
Southern District of Florida and later filed a Motion for Summary Judgment, which
was granted on 14 January 2010. Id. at 4, 9.
On appeal, Catasus argues that the district court improperly granted
summary judgment in favor of BellSouth because “the arbitrator went beyond the
issues submitted to him in reaching his decision.” Catasus Initial Brief at 5.
3

-- 3 of 6 --

Specifically, Catasus alleges that “the arbitrator interpreted and applied
[BellSouth’s STDP] which was not part of the [CBA] and outside the arbitrator’s
jurisdiction.” Id.
II. DISCUSSION
We review a district court’s grant or denial of summary judgment de novo,
using the same legal standard as the district court. Holloman v. Mail-Well Corp.,
443 F.3d 832, 836 (11th Cir. 2006). “Summary judgment is appropriate when the
evidence, viewed in the light most favorable to the non-moving party, presents no
genuine issue of material fact and compels judgment as a matter of law in favor of
the moving party.” Id. at 836-37. “We review confirmations of arbitration awards
and denials of motions to vacate arbitration awards under the same standard,
reviewing the district court’s findings of fact for clear error and its legal
conclusions de novo.” Frazier v. Citifinancial Corp. LLC, 604 F.3d 1313, 1321
(11th Cir. 2010).
We have jurisdiction to review decisions of labor arbitrators under § 301 of
the Labor Management Relations Act of 1947, 29 U.S.C. § 185(a). Major League
Baseball Players Ass’n v. Garvey, 532 U.S. 504, 509, 121 S. Ct. 1724, 1728
(2001). “[R]eview of a labor arbitration award is limited to a determination of
whether an award is irrational, whether it fails to draw its essence from the
4

-- 4 of 6 --

collective bargaining agreement or whether it exceeds the scope of the arbitrator’s
authority.” Osram Sylvania, Inc. v. Teamsters Local Union 528, 87 F.3d 1261,
1263 (11th Cir. 1996) (internal quotation marks and citation omitted); see also
Bhd. of Locomotive Eng’rs & Trainmen Gen. Comm. of Adjustment CSX Transp.
N. Lines v. CSX Transp., Inc., 455 F.3d 1313, 1316 (11th Cir. 2006). “[A]s long as
the arbitrator is even arguably construing or applying the contract and acting
within the scope of his authority, that a court is convinced he committed serious
error does not suffice to overturn his decision.” Osram, 87 F.3d at 1263 (quoting
United Paperworkers Int’l Union v. Misco, Inc. 484 U.S. 29, 38, 108 S. Ct. 364,
371 (1987).
Catasus argues that the arbitrator interpreted and construed BellSouth’s
STDP and, in so doing, went beyond the issues submitted and exceeded his
jurisdiction. The arbitrator’s opinion and award, however, does not support this
conclusion. Review of the arbitrator’s opinion makes clear that the arbitrator did
not decide whether Catasus was entitled to receive short-term disability, nor
interpret the STDP. Any citations to or discussion of the STDP in the opinion
were purely in reference to the STDP’s prior and ongoing administration. See, e.g.
1-1 at Ex. A, Arb. Op. and Award (“[Catasus] was discharged . . . for failing to
return to work following the denial of her [STDP] claim,” at 1, “she applied for [an
5

-- 5 of 6 --

STDP claim],” at 3, “[t]he Grievant’s claim for benefits under the [STDP] was
denied . . . Grievant filed a ‘first level appeal,’” at 3, “[t]he Grievant’s ‘first level
appeal’ . . . was denied,” at 5, “[Catasus] applied a second time for [STDP]
benefits, and also filed a second application for [STDP] Appeal Leave,” at 8, “the
Grievant’s second claim for [STDP] benefits was denied . . . and the deadline for a
final decision on her second level appeal . . . was set,” at 9). Since Catasus was
seeking STDP benefits on the grounds that she was disabled, and therefore not
reporting to work, the administration and communication related to the STDP was
a peripheral issue related to her termination. There was no extension of authority
beyond the CBA on the part of the arbitrator nor interpretation of the STDP.
III. CONCLUSION
Catasus appeals the district court’s order granting summary judgment in
favor of BellSouth in a suit seeking to vacate an arbitration opinion. We conclude
the district court did not err in granting summary judgment because the arbitrator
did not exceed his authority or jurisdiction. Accordingly, we AFFIRM the district
court’s grant of summary judgment in favor of BellSouth.
AFFIRMED.
6

-- 6 of 6 --