The opinion of the court was delivered by: WOOD
This is an action brought under Section 301(a) of the Labor Management Relations Act of 1947, as amended, 29 U.S.C.A. 185(a) (L.M.R.A. of 1947) by an association of motor carriers to enjoin one of its fellow members and a Local Teamsters Union No. 773 from rearbitrating a dispute which had been previously arbitrated pursuant to a collective bargaining agreement entitled the 'Central Pennsylvania Steel Haul and Special Commodities Agreement.'
1. Plaintiff, Central Pennsylvania Motor Carriers Conference, Inc. (hereinafter referred to as 'Association'), a Pennsylvania corporation with its principal place of business at 1620 North 19th Street, Allentown, Pennsylvania, is an association of motor carriers organized and existing for the purpose of representing its members in collective bargaining.
3. Defendant, Bob Young Trucking, Inc. (hereinafter referred to as 'Young'), is a common carrier of property and a corporation with its principal place of business at Schoenersville Road, Bethlehem, Pennsylvania. The defendant became a member of the plaintiff Association on or about August 1, 1963 and was a member at the time that these proceedings were instituted.
4. This Association represents 63 motor carriers, including Young, who executed a collective bargaining agreement (Central Pennsylvania Steel Haul Commodities Agreement) with eight local unions including the defendant Local Union No. 773 which are affiliated with the International Brotherhood of Teamsters, etc.
5. A power of attorney was executed by Young granting the plaintiff Association 'full, sole and exclusive power' to execute labor contracts and settle labor disputes involving Young and its employees. This power of attorney was executed by Young on July 25, 1963, and accepted by the Association on August 1, 1963.
6. Article 7 of the Agreement specifically provides for settlement of grievances by arbitration before a Joint Local City Steel Grievance Committee (hereinafter referred to as 'Committee').
7. Subparagraph (f) of Article 7 further provides that the majority decision of the Committee shall be binding on all parties.
8. On October 19, 1963, Young discharged one Robert Feher, an employee, for matters relating to the operation of a truck.
9. A grievance was filed on this discharge by the Local Union pursuant to Article 7 (Grievance and Arbitration Provision) of the Agreement.
10. On or about November 7, 1963, the Committee processed the grievance against Young.
11. Young and the Local Union were both present and were parties to the adjudication of the grievance before the Committee.
12. The Committee on November 7, 1963 ordered Young to reinstate Mr. Feher with compensation from the time of his suspension on October 19, 1963, ...