The opinion of the court was delivered by: KRAFT
Smith's Transfer Corporation (Smith) filed the within complaint against Local Union No. 107, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America (Local 107), seeking, inter alia, a declaratory judgment upon the legal effect of an alleged agreement between Smith and Local 107, assertedly made in June 1963.
After review and due consideration of the evidence, the requests for findings and conclusions of law, in the light of applicable principles of law, we make the following:
1. Smith is a Virginia corporation engaged in business as a common carrier of motor freight, and having a place of business at 3665 Richmond Street, Philadelphia.
2. Local 107 is a labor union representing employees for purposes of collective bargaining, and having its principal place of business at 105 Spring Garden Street, Philadelphia.
3. In January 1963, the Voice of Teamsters Democratic Organizing Committee was certified by the National Labor Relations Board as the collective bargaining representative of Smith's employees at its Philadelphia terminal.
4. In September 1963, Smith signed a collective bargaining agreement with Local 107, which was to be effective in all respects as of July 1, 1963 (Plaintiff's Ex. 1).
5. In July 1963, Smith began what is known as a 'Special Commodities Operation,' under which it sought to have road drivers from Virginia and other points pick up and deliver certain commodities in the area within a radius of 40 miles of City Hall, Philadelphia.
6. On or about September 1, 1964, Smith and Local 107 entered into a new collective bargaining agreement, effective on that date (Plaintiff's Ex. 3).
7. Since July 1963, Smith has continuously had road drivers make deliveries and pick-ups of commodities in the area within a radius of 40 miles of City Hall, Philadelphia.
8. Smith claims it has the right to make such deliveries and pick-ups under the alleged agreement of June 1963, between Smith and Local 107.
9. Since September 1, 1964, Local 107 has filed with Smith numerous grievances complaining of violations by Smith of the currently effective collective bargaining agreement in having Smith's road drivers make pick-ups and deliveries of the special commodities aforesaid in the area local to Philadelphia, the effect of which has been to deprive employees represented by Local 107 of employment opportunities available to them under the collective bargaining agreement.
10. Smith has refused to process these grievances under the grievance procedure set forth in Article 43 of the collective bargaining ...