The opinion of the court was delivered by: GOURLEY
This is a most involved and intricate labor proceeding that points up the hardships and conflicts faced when the forces of automation, which have rendered the business operation of defendant, Liberty Baking Company, unprofitable in its present state, join with advantages offered by the tax laws to those acquiring sinking business operations to finally submerge a company with life still to be lived.
This action was filed by the American Bakery and Confectionery Workers International Union, Local 12, against defendants to enjoin them (1) from removing and discontinuing their operations at the Liberty Baking Company plant at Pittsburgh; (2) from removing any equipment used in the production or distribution of baked goods at said plant in Pittsburgh; and (3) from further violating the contractual rights of plaintiff union and its members. Plaintiff alleges that defendants' proposed course of conduct will violate the Union Recognition, Union Security and Seniority Clauses of the Collective Bargaining Agreement.
The Court enters the following Findings of Fact:
1. Plaintiff, American Bakery and Confectionery Workers International Union, Local Union No. 12, AFL-CIO, ('Local No. 12'), is an unincorporated labor organization, having its principal office in Pittsburgh, Pennsylvania. It is the collective bargaining representative for the production and maintenance employees of the defendant, Liberty Baking Company of Pittsburgh, Pennsylvania.
2. Bakery Drivers, Local No. 485, ('Local No. 485'), which was permitted to intervene in this proceeding as a plaintiff, is an unincorporated labor organization, having its principal office in Pittsburgh, Pennsylvania. It is the collective bargaining representative for the wholesale and retail driver-salesmen employed by Liberty Baking Company of Pittsburgh, Pennsylvania.
3. Defendant, Liberty Baking Company, ('Liberty'), is engaged in the wholesale and retail production and distribution of bread, rolls, and sweet goods -- cakes, pies and cookies -- under the trade name and brand 'Buttercup'. Liberty maintains its plant and offices at 6006-18 Houston Street, Pittsburgh, Pennsylvania. It is engaged in interstate commerce within the meaning of the Labor Management Relations Act of 1947, as amended, 29 U.S.C.A. § 185.
4. Defendant, Noramco, Inc., ('Noramco'), is a Wisconsin corporation with its principal office in Queens Village, Long Island, New York. On or about May 14, 1965, Noramco acquired 85% Of the outstanding stock of Liberty.
5. Defendant, Noramco, also owns a controlling interest in Goddard Baking Company, which is located in Chester, West Virginia; in Dugan Brothers Bakery, which is located in Queens Village, Long Island, New York; in Fastnachts Company, which is located in Allentown, Pennsylvania; and in Duquesne Baking Company of Pittsburgh, Pennsylvania, a defunct company which is now in liquidation.
6. On or about December 18, 1963, plaintiff Local No. 12, and defendant Liberty, entered into a Collective Bargaining Agreement covering Liberty's production and maintenance employees which will expire on August 13, 1965. This Collective Bargaining Agreement contains in Article 6 thereof a grievance arbitration procedure which provides as follows:
It is agreed that should any charge of discrimination or any grievance arise over a misunderstanding of the terms of this Agreement there shall be no strikes or stoppage of work or lockout. Any such controversy shall be settled in accordance with the following procedure:
(a) The aggrieved employee, the Union Steward and a Representative of the Company shall first make an honest effort to reach an amicable agreement or adjustment of the grievance. If ...