arbitrator the power to determine if a lesser penalty than discharge was warranted under the circumstances and to determine in that eventuality how much, if any, back pay should be awarded.
The question here is for the court to decide on the basis of the language of the arbitration contract entered into between the parties. John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543, 546, 547, 84 S. Ct. 909, 11 L. Ed. 2d 898 (1964). However, in making this decision, ordinary common-law principles governing the construction of contracts do not provide the complete answer since the court must take into consideration the strong federal policy in favor of settling labor disputes by arbitration. John Wiley & Sons, Inc. v. Livingston, supra, at 550, 84 S. Ct., at 914-915; United Steelworkers of America v. Warrior & Gulf Nav. Co., 363 U.S. 574, 80 S. Ct. 1347, 4 L. Ed. 2d 1409 (1960); United Steelworkers of America v. Reliance Universal, Inc. of Ohio, 335 F.2d 891 (3d Cir., 1964). See H. K. Porter Co., Inc. v. United Saw, File and Steel Products Workers of America, 333 F.2d 596 (3d Cir., 1964). Also, if there are doubts as to the powers of the arbitrator to decide questions involved in labor disputes, these 'doubts should be resolved in favor of coverage'. United Steelworkers of America v. Warrior & Gulf Nav. Co., supra, at 583, 80 S. Ct., at 1353.
It is clear that the arbitrator was acting within his power when he decided that the discharges were without just cause. The precise question here is whether the power of the arbitrator, under the language of the submission agreement, covered a right to decide that suspensions of the employees were justified and to decide how much back pay should be awarded.
The submission agreement was intended to completely resolve the dispute that had arisen over the discharge of these three employees. It did not specifically deny to the arbitrator the power to consider whether there was just cause for suspension rather than discharge, nor did it deny him the power to consider how much back pay should be awarded if the discharges were found to be without just cause. In view of these facts, and in light of the strong federal policy in favor of settling labor disputes by arbitration and resolving possible doubt as to coverage of a particular issue under the arbitration agreement in favor of coverage, it cannot be said here that the award went beyond the scope of the submission agreement. The award will be enforced.
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