Appeal, No. 66, March T., 1963, from decree of Court of Common Pleas of Allegheny County, April T., 1962, No. 805, in case of The United Steelworkers of America, AFL-CIO, by Paul M. Hilbert, director, District 15, and Michael Krehely, staff representative, trustees ad litem, v. Westinghouse Electric Corporation. Decree affirmed.
John G. Wayman, with him Leonard L. Scheinholtz, David L. Trezise, and Reed, Smith, Shaw & McClay, for appellant.
Emil E. Narick, with him Ines W. Cordisco, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE JONES
The main issues on this appeal are: (1) whether certain grievances submitted by the United Steelworkers of America, AFL-CIO (Union), to Westinghouse Electric Corporation (Westinghouse), are arbitrable under the terms of the parties' collective bargaining agreement?(2) whether a state court has jurisdiction to compel arbitration of such grievances when such grievances are arguably within the jurisdiction of the National Labor Relations Board (Board)?
Westinghouse operates Bettis Atomic Power Laboratory at two locations in Allegheny County. Both
Westinghouse and the Union are subject to the jurisdiction of the Board which, on June 18, 1959, certified the Union as the collective bargaining agent for the employees of Westinghouse's works engineering department at both Bettis plants.
On November 6, 1959, Westinghouse and the Union entered into a collective bargaining agreement (the agreement) for a term ending December 1, 1963. Sometime thereafter, alleging that Westinghouse had violated the agreement by contracting out maintenance painting to employees outside the bargaining unit, the Union requested Westinghouse to submit the matter to arbitration, a request which Westinghouse refused. Later on, alleging that Westinghouse had required an employee, one Herbert Boczar, a plumber, to perform carpenter work, the Union requested Westinghouse to submit the matter to arbitration, a request which Westinghouse refused.
On January 22, 1962, the Union instituted an equity action in the Court of Common Pleas of Allegheny County against Westinghouse wherein the Union sought an order directing Westinghouse to arbitrate both disputes under the agreement. Eventually,*fn1 Westinghouse filed an answer containing new matter to the Union's complaint and, after a reply by the latter, the Union moved for judgment on the pleadings.
On November 16, 1962, the court entered judgment on the pleadings and directed that both disputes be submitted to arbitration. From ...