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UNITED CEMENT

July 7, 1953

UNITED CEMENT, LIME AND GYPSUM WORKERS' INTERNATIONAL UNION, AFL-CIO, LOCAL NO. 55,
v.
ALLENTOWN-PORTLAND CEMENT CO.



The opinion of the court was delivered by: EGAN

This is a motion for judgment on the pleadings made by the plaintiff. Prior to this motion, plaintiff filed a petition and complaint to compel arbitration under the following clauses of the collective bargaining agreement in effect between it and defendant.

'Article XVII

 'Grievance Procedure

 'Section 17.1. The term 'grievance' shall mean any dispute of difference between the Company and the Union or between the company and any employee concerning the interpretation, application, claim or breach or violation of this Agreement.

 'First, the grievance shall be taken up by the employee with his foreman, and the Shop Steward if the employee so desires. The foreman shall reply within three working days, and if no satisfactory settlement is reached between them, then within ten days thereafter.

 'Second, the grievance shall be reduced to writing and shall be taken up between the employee affected with the Plant Manager and/or his representative and the Grievance Committee. The Plant Manager shall reply within four working days and if no satisfactory settlement is reached, then within ten days thereafter.

 'Third, the grievance shall be taken up by an International Representative of the Union, the Grievance Committee, and an official of the Company. The grieved employee may be present should his presence be requested by either party. The Company shall reply within ten days thereafter, and if no satisfactory settlement is reached, then

 'Fourth, either party may within thirty (30) days submit the grievance to the American Arbitration Association as provided under Article XVIII.

 'Section 17.2. In the event that the grievance is not processed by the Union within the stipulated days set forth above, then it shall be considered that the grievance has been disposed of or withdrawn.

 'Section 17.3. Nothing in this Agreement shall be construed as obligating the parties to arbitrate any contract negotiations.

 'Section 17.4. There shall be no retarding or suspension of work which may result from any cause or the interpretation of this Agreement, but rather the parties shall resort to the procedure established arising under the terms of this Agreement. Any employee engaging in such action, may be denied further employment, or suspended at the option of the Company. The Company, on its part, agrees that during the life of this Agreement, there shall be no lockout.

 'Arbitration

 'Section 18.1. Either party may submit an unresolved grievance or dispute to an Impartial Arbitrator, mutually agreed upon under the rules and through the facilities of the American Arbitration Association. The decision and award of the arbitrator shall be final and binding upon both parties. The arbitrator shall have no ...


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