is given the option to either sue in damages or insist upon arbitration under the agreement. In addition, they do not deal with 'grievances' as does the present case but consider only 'no strike' and 'no lockout' provisions.
In the case at bar the plaintiff Union did not go out on strike, nor did it breach the contract. On the contrary, it charged that the defendant employer had violated the contract, and it then sought by the use of the arbitration clause to pursue its remedies. Here, the innocent party (the plaintiff) seeks to enforce arbitration over the objections of the defaulting party (the defendant). In the cases cited by the defendant, it was the defaulting party who sought to prevent the innocent party from collecting damages or securing an injunction by insisting on arbitration after the defaulting party had refused to use the arbitration clause in the first place. That is not the situation here and those cases, accordingly, have no application to the present issue and are not controlling.
The language of the present Agreement indicates an intent to give broad arbitration powers. This intent should be enforced by liberal interpretation. See Philadelphia Marine Trade Ass'n v. I.L.A., 24 L.A. 343 (C.P. 1, Phila.1955), affirmed, per curiam, by the Pennsylvania Supreme Court on April 27, 1955, 24 L.A. 346; 115 A.2d 419; 115 A.2d 733; Fox v. The Giuseppe Mazzini, D.C.E.D.N.Y.1953, 110 F.Supp. 212, and Lewittes & Sons v. United Furniture Workers of America, D.C.S.D.N.Y.1951, 95 F.Supp. 851. As Judge Goodrich, of this Circuit, said in Donahue v. Susquehanna Collieries Co., 3 Cir., 1943, 138 F.2d 3, 6, 149 A.L.R. 271, in interpreting the Federal Arbitration Act of 1925 (now re-enacted as the Act of 1947):
'As indicated above, we think the Act is entitled to a construction which will accomplish its purpose and should not be hedged about with imagined limitations, as has been done in some instances.'
For the foregoing reasons, this Court believes that all grievances heard and decided by the Arbitrators in the present case were properly arbitrable and were encompassed in the Agreement.
Defendant's second defense concerning the lack of sufficient evidence to justify the Arbitrators' conclusions and the abuse of the Arbitrators' powers is of little substance. The Arbitrators' authority was not limited in any material way by the Agreement. In such cases, an arbitrator's decision is the final judge of both law and fact, and the award will not be reviewed or set aside for mistakes in either. Goldstein v. International Ladies' Garment Workers' Union, 1938, 328 Pa. 385, 389, 196 A. 43. See also Bower v. Eastern Airlines, 3 Cir., 1954, 214 F.2d 623, 625.
The details of payment, and of extensive findings need not be reviewed. This Court believes qualified experts in the field of labor arbitration have decided a complicated case in a proper proceeding. The Arbitrators have not exceeded or abused their powers. There are insufficient reasons to vacate, modify, or correct the award under Sections 10 and 11 of the Arbitration Act, supra, Footnote 3. Further litigation (or more properly, 're-litigation') is not warranted.
Accordingly, plaintiff's Motion for Judgment on the Pleadings is hereby granted. An appropriate Order will be submitted by counsel.