conditions, that is, the consolidation of the terminals in the merger of intrastate and interstate hauling of Continental.
Judge Wood of the Eastern District had almost a similar problem confronting him in the case of Transport Workers v. Philadelphia Transp. Co., 228 F.Supp. 423 (E.D.Pa.1964). He directed that the matter be resubmitted to the Arbitrator for clarification of the award.
It seems to me that it is now axiomatic that whenever a dispute arises and the parties have provided for arbitration that that method is highly favored by the Courts as a way of resolving labor disputes. On the face of the award, in paragraph 3 in the Arbitrator's findings it appears that defendants' interpretation of the award may be correct because the Arbitrator has used language indicating that:
'* * * the over-the-road drivers of the purchased carrier continue to maintain their seniority on such runs only as they were then operating at the time of purchase, and for so long only as such identical runs shall continue in existence and operation by the purchasing company.'
Defendants say that on the undisputed facts the runs are still identical, and that the only thing different is the destination of the freight carried on the trucks, that is, some is intrastate and some goes interstate. If the issue here was an interpretation of a contract in the ordinary sense, then this Court would be inclined to agree with defendants because ordinarily the terms of a written instrument are for the Court to decide; but in this case the parties have differed, and it seems to me clearly a labor dispute. Therefore, under their own agreements, it is a matter for arbitration. Mr. Kuhn, counsel for plaintiffs, seems to indicate that resubmission to the Arbitrator should not be had in this case because it would only tend to interject instability into the arbitration process. However that may be, it seems to this Court that if the award made is considered clear and final then it appears 'that it has generated a collateral dispute concerning the meaning of its essential terms.' This is the language used by Judge Wood in the cited case, and he indicated and I am in agreement that this Court is not '* * * to intrude into the arbitration procedure and interpose its interpretations of a disputed award on the parties to a collective bargaining agreement.'
This Court is disposed to follow Judge Wood's ruling in the case of Transport Workers v. Philadelphia Transp. Co., in all respects. The case cited by him, notably United Steelworkers of America v. Enterprise Wheel and Car Corp., 363 U.S. 593, 80 S. Ct. 1358, 4 L. Ed. 2d 1424, is ample authority for this Court's decision in this dispute. See also International Ass'n. of Machinists AFL-CIO v. Crown Cork & Seal Co., 300 F.2d 127 (3rd Cir 1962), where the Court of Appeals approved such a procedure.
This Opinion is intended to embrace the findings of fact and conclusions of law as permitted by Rule 52. There is no genuine issue as to any material facts which the Court has found in this opinion.
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