The opinion of the court was delivered by: FOLLMER
In this action plaintiff Union seeks injunctive relief against defendant employer in connection with an alteration in the hours of work.
From testimony educed at the hearing, oral arguments and briefs of counsel, the Court makes the following:
1. Plaintiff is an unincorporated labor organization which is the certified collective bargaining agent for the production workers employed by defendant.
2. Defendant is a manufacturer of chocolate, cocoa and confectionery products, engaged in interstate commerce.
3. Plaintiff and defendant are parties to a collective bargaining agreement currently in effect and due to expire on December 31, 1966.
4. Without objection from the plaintiff, defendant on June 26, 1965 altered the work schedules of some fifty-six workers employed in the Syrup Department, the effect of such alterations being to delay the daily starting and quitting times of these employees by one and one-half hours from June 26 to August 1, 1965.
5. Upon being informed of defendant's intention to continue such temporary work schedule beyond that date and until September 6, 1965 (Labor Day), plaintiff filed a grievance, which subsequently has been processed in accordance with the arbitration clause (Paragraph 9(a)(5)) of the collective bargaining agreement.
6. The collective bargaining agreement provides in Paragraph 14 as follows with respect to changes in work scheduling:
" 14. Work Schedules, Changes In
The Union representative concerned shall be notified as early as possible of all changes in work schedules. Should any question arise, the Employer shall discuss the same with the Union representatives. In such case the effective date of such work-schedule changes shall be postponed as long as practicable."
7. Pursuant to Paragraph 14 of the agreement defendant did discuss the proposed continuation of the schedule changes and the reasons therefor with plaintiff on July 8, 1965, and on numerous occasions subsequent thereto.
8. Defendant has at all times indicated its willingness to proceed to arbitration as provided by the collective bargaining agreement, and has taken all steps possible ...