BATH

U.S. District Court Judge George Singal has dismissed a lawsuit brought by Bath Iron Works’ largest union, Local S6, against the company.

The lawsuit arose out of a conflict between the union and BIW over the company’s attempts to cut costs at the facility to remain competitive. One effort included outsourcing work for some ship components, which the union filed a grievance over. The union contract required arbitration to settle their differences, which was conducted in 2015.

After the arbitrator found in favor of BIW in February of this year, the union filed a lawsuit alleging that following arbitration, the arbitrator noted to Local S6 President Rich Nolon “that he had not heard a case between the parties in six years because he had previously issued an award that angered an official” at BIW, and didn’t want to remain on a “strike list.” The union argued that this statement was evidence that the arbitrator was motivated by personal interest to rule in BIW’s favor in order to stay in their good graces.

On Aug. 11, the judge dismissed the lawsuit on the grounds that Local S6 failed to file their claim within Maine’s 90-day time limit for such lawsuits. Even if the lawsuit had been filed within that time frame, noted Singal, the court would have dismissed the lawsuit because “a challenging party cannot support its bias claim with evidence that the party could have presented in the arbitration proceedings but only brought forward once an unfavorable award (was) issued.” Essentially, because the union did not make any complaint during the months leading up to the decision, and only filed suit after the decision was announced in BIW’s favor, the court would have to dismiss the claim.

With the lawsuit dismissed, the arbitrator’s original decision remains in place.

“The company is pleased with the ruling,” said Matt Wickenheiser, manager of communications and public relations at BIW, in a statement. “This allows us to proceed under the arbitrator’s original award, which affirmed BIW’s right to buy ship components instead of building them if that helps to make the business more competitive. It is extremely important that we cut costs and become more affordable as we pursue new shipbuilding work.”

The lawsuit

• THE LAWSUIT arose out of a conflict between the union and Bath Iron Works over the company’s attempts to cut costs at the facility to remain competitive.