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Local Union 97 v. NRG Energy Inc.

No Arbitration Under CBA, Which Only Concerns Retirement Benefits of Current Employees

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MEMORANDUM DECISION AND ORDER I. Introduction Plaintiff Local Union 97, International Brotherhood of Electrical Workers, AFL-CIO (hereinafter “the Union”) commenced this action against defendant NRG Energy, Inc., seeking to compel arbitration of a dispute under certain collective bargaining agreements. (Compl., Dkt. No. 1.) Pending before the court is NRG’s motion to dismiss. (Dkt. No. 14.) For the reasons that follow, the motion is granted, and the Union’s complaint is dismissed. II. Background1 The Union is the exclusive collective bargaining agent for approximately thirty-five NRG employees, employed at NRG’s electricity generating stations at Oswego Harbor, New York and Dunkirk, New York. (Compl.

11, 13.) Since 1999, the Union and NRG have been parties to consecutive collective bargaining agreements covering employees at the Oswego Harbor and Dunkirk stations. (Id. 14.) In September 2003, while negotiating a new collective bargaining agreement, the Union and NRG agreed to various retiree benefits for then-current employees as well as for future employees, and set forth the terms of that agreement in a memorandum of agreement (hereinafter “the 2003 MOA”). (Id. 15.) The 2003 MOA states in relevant part that: “Current employees will be grandfathered as to their participation in life insurance Plan A or Plan B at retirement” and “[e]mployees hired after September 30, 2003 will not be provided with a life insurance benefit upon retirement.” (Id.

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