The opinion of the court was delivered by: GRIM
1. Plaintiffs, Wooleyhan Transport Co., Morrell-Felin Co., Penn Packing Co., Fox Warehousing Co., Fox Transport System, Milton K. Morris, Inc., Lombard Bros., Inc., and Norwalk Truck Lines, Inc., are certified motor carriers engaged in transporting freight and merchandise in interstate commerce and operating terminals in Philadelphia, Pennsylvania.
2. Defendant, Highway Truck Drivers and Helpers Local No. 107 (hereinafter referred to as Local No. 107), an unincorporated association, is a labor organization representing employees in an industry affecting commerce. It is affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers (hereinafter referred to as the 'International'). Local No. 107 has an office at 105 Spring Garden Street, Philadelphia, Pennsylvania. It is composed of persons too numerous to be included herein.
3. Defendant, Motor Transport Labor Relations, Inc. (hereinafter referred to as 'MTLR') is a non-profit corporation existing under the laws of the Commonwealth of Pennsylvania with its office at 421 North New Market Street, Philadelphia, Pennsylvania.
4. Intervenor, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America and its National Over-The-Road and City Cartage Policy and Negotiating Committee, is an unincorporated association, commonly known as an international labor organization, with its main office and principal place of business in Detroit, Michigan and is a party to the collective bargaining agreement hereinafter mentioned.
5. MTLR exists for the purpose of representing employers in labor relations matters and Wooleyhan, Morrell-Felin, Penn Packing, Fox Warehousing, Fox Transport, Morris, Lombard and Norwalk have been members of MTLR for many years.
6. Effective September 1, 1964 MTLR acting for and on behalf of its members including Wooleyhan, Morrell-Felin, Penn Packing, Fox Warehousing, Fox Transport, Morris, Lombard and Norwalk entered into a collective bargaining agreement with Local No. 107 and the International Brotherhood of Teamsters by its National Over-The-Road Committee for an intial term extending to March 31, 1967.
7. Article 43, Section 1 of the aforesaid agreement provides as follows:
The Union and the Employers agree that there shall be no strike, lockout, tie-up or legal proceedings without first using all possible means of a settlement as provided for in this Agreement, or any controversy which might arise.
Plaintiffs have not exhausted all possible means of settlement provided in the labor agreement before instituting this legal proceeding.
8. Article 43, Section 7(a) of the aforesaid agreement provides in part as follows:
While the Union shall undertake every reasonable means to induce such employees to return to their jobs during any such period of unauthorized stoppage of work mentioned above, it is specifically understood and agreed that the Employer during the first twenty-four (24) hour period of such authorized work stoppage shall have the sole and complete right of reasonable discipline short of discharge and such Union members shall not be entitled to or have any recourse to any other provisions of this Agreement. After the first twenty-four (24) hour period of such stoppage and if such stoppage continues, however, the Employer shall have the sole and complete right to immediately discharge any Union member participating in any unauthorized strike, slowdown, walkout, or any other cessation of work and such Union members shall not be entitled to or have any recourse to any other provision of this Agreement.
9. Article 43, Section 4, Clause (f) of the labor agreement between the parties provides as follows:
It is agreed that all matters pertaining to the interpretation of any provision of this agreement shall be referred by either party to the Joint Area Committee for settlement. At the request of the Employer or Union representative, the Joint Area Committee shall be ...