Agreement between the Company and the International Union, which called for the arbitrator to decide 'what is the most appropriate resolution of the dispute,' signed for the International Union by its General Counsel and for the local unions by their Presidents.
The International and the Etna Locals appeared as parties in the hearing before the arbitrator with the International and the Etna Locals being represented by separate counsel. The Ambridge Local, which is not a party to this action, did not participate although an observer was present. The Etna Locals presented witnesses and cross-examined adversary witnesses.
The identical issue which confronted the Court in the first instance, as to whether the Etna employees had a right to follow their jobs to Ambridge, was the specific issue presented by the Etna locals to the arbitrator.
The arbitrator concluded that a settlement worked out by the International Union and the Company, which called for granting 206 jobs to the Etna employees, was a most appropriate solution, making available to them rights which they would not be entitled to under existing agreements.
The Company and the International Union, acting on behalf of itself and the Local Unions Nos. 1360, 1244 and 2592, on June 9, 1961, entered into an agreement putting into effect the arbitration award.
Whereupon the International and the Locals stipulated for dismissal with prejudice of the proceeding originally pending in this Court, which Order was approved on September 12, 1961.
The law appears well settled that rights of individual employees can be bargained away by the union representing them in collective bargaining. Zdanok v. Glidden Company, supra; Oddie v. Ross Gear & Tool Co., (6 Cir.), 305 F.2d 143. Having voluntarily submitted to arbitration through their duly constituted representatives, I find no basis upon which dissatisfied individual constituent employees can attack an arbitration award in conformity with law and equity.
ISSUE OF FRAUD
Plaintiffs' second cause of action is predicated upon the contention that the arbitration adjudication should be annulled for the reason that the company perpetrated a fraud at the arbitration hearing in misrepresenting the number of jobs which would be available at the new plant at Ambridge.
An arbitration award, unless and until invalidated, creates or authoritatively declares rights even as a judgment does. Nix v. Spector Freight System, Inc., 264 F.2d 875 (3 Cir.).
A judgment may not be set aside collaterally even if founded on perjured evidence when the matter was actually presented and considered in the judgment assailed. United States v. Throckmorton, 98 U.S. 61, 66, 25 L. Ed. 93. If the judgment is for the defendant, it operates as a bar to a subsequent action by the plaintiff upon the original cause of action, even though the judgment is erroneous, Restatement of the Law of Judgments, Section 45(f). The doctrine of collateral estoppel makes the 1961 proceeding conclusive as to any essential fact or question, Vanderveer v. Erie Malleable Inran Co., 238 F.2d 510, 512 (3 Cir.).
Construing all facts and allegations in the plaintiffs' complaint as true and correct, no basis exists in law upon which the instant class suit is maintainable and defendant's motion to dismiss the complaint will be granted.
An appropriate order is entered.
© 1992-2004 VersusLaw Inc.