Appeals, Nos. 365 and 366, Jan. T., 1961, from orders of Court of Common Pleas No. 1 of Philadelphia County, March T., 1960, No. 3721, in case of Sley System Garages v. Transport Workers Union of America, AFL-CIO, Local 700. Orders affirmed; reargument refused March 22, 1962.
Aaron M. Fine, with him Dilworth, Paxson, Kalish, Kohn and Dilks, for appellant.
Eugene John Lewis, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Bok, Eagen and Alpern, JJ.
OPINION BY MR. JUSTICE EAGEN
The sole question in this case is: Whether a court's order, following the granting of a preliminary injunction in referring the question of an employee's discharge
to an arbitrator who stated that the employee was to remain on the payroll until the determination, is to be considered part of a submission to the arbitrator?
William Washington, who was vice-president of Local 700, was discharged by Sley System Garages on March 1, 1961. On March 2, his fellow-employees went on a sympathetic strike and the company instituted an action in equity and secured a preliminary injunction. At a hearing on the following day, the preliminary injunction was continued with the following order: "Further hearing to be held on April 3, 1961 in Room 'A', 10:00 A.M. Employee Washington to be continued on the payroll in interval and removed off the premises. Case referred back to arbitrator Israel Ben Scheiber no later than April 3, 1961."
A hearing was subsequently held on March 29, pursuant to the order of court and the following submission was signed by counsel for both parties: "Did just and sufficient cause exist for the discharge of William Washington on March 1, 1961. If not, what shall the remedy be?" At the hearing before the American Arbitration Association, the arbitrator was granted by the lower court, via telephone, additional time until April 11, 1961, in which to file his award "with the understanding that the Grievant is not to be on the payroll from April 3, 1961."
The arbitrator found that the appellant was the only one of sixteen garage and parking lot companies with which the appellee-union had had any disputes; that the appellant had discharged three shop stewards within a period of six months; that the appellant had been harassing Washington trying to, and in fact did, trap him into refusing to obey an order to do work, which under the contract, he wasn't required to do; that the appellant had refused to arbitrate what ...