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TRANSPORT WORKERS UNION OF PHILADELPHIA

April 16, 1964

TRANSPORT WORKERS UNION OF PHILADELPHIA, A.F.L.-C.I.O., LOCAL NUMBER 234, by Harold Newsome, Trustee Ad Litem,
v.
PHILADELPHIA TRANSPORTATION COMPANY



The opinion of the court was delivered by: WOOD

This controversy concerns a labor dispute between the above-named parties which ultimately was referred to arbitration culminating in an award which contains certain language that has been subjected to different interpretations by each party.

FINDINGS OF FACT

 1. The plaintiff is the Transport Workers Union of Philadelphia, A.F.L.-C.I.O., Local Number 234 (hereinafter referred to as 'Union').

 2. The defendant is the Philadelphia Transportation Company (hereinafter referred to as 'P.T.C.'), a Pennsylvania corporation which is engaged in the transportation business in the City of Philadelphia.

 3. At the time of the events in issue, the Philadelphia Truck Rental Company (hereinafter referred to as 'Truck Rental'), was a wholly owned subsidiary of the P.T.C. engaged in the renting and leasing of trucks for use anywhere in the United States.

 4. On January 17, 1964, P.T.C. notified the Union that effective February 9, 1964 the Truck Rental was withdrawing its trucks from the Southern Garage of the P.T.C. and would perform its own maintenance and repair work instead of having such work performed at Southern Garage by P.T.C. employees as at present.

 5. A written grievance was filed by the Union with the P.T.C. on February 19, 1964, to prevent a union member, Anthony Bianco, from being forced to do work on Truck Rental's vehicles.

 6. The P.T.C. refused to honor the grievance and by reason of Article II, Section 202 of the collective bargaining agreement the Union demanded arbitration of its grievance.

 7. Both parties agreed to the arbitration under the rules of the American Arbitration Association.

 8. The hearing was held on February 21, 1964, and the panel rendered its award on February 28, 1964, as follows:

 'The problem arising from the gassing of Truck Rental vehicles at the Southern Garage is resolved on the basis of the following program: The P.T.C. employees will continue to perform this function until installation of the tank facilities on the Truck Rental property, which is expected to be completed within approximately a week, barring unforeseen difficulties. Thereafter, and following the installation of the latter, the scheduled or routine gassing will be performed on the Truck Rental property by Truck Rental employees.'

 9. Tank facilities were installed on March 6, 1964, and union members ceased to 'gas' Truck Rental vehicles at the Southern Garage.

 10. On March 7th and 9th certain Truck Rental vehicle arrived at the Southern Garage for fueling when no Truck Rental employees were present on the Truck Rental premises at 19th and Moyamensing Streetrs in Philadelphia.

 11. Union members at the P.T.C. Southern Garage were ordered to 'gas' these trucks or be discharged. Two members, Anthony Bianco and Alfredo Verdecchio, were ...


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