The opinion of the court was delivered by: WEBER
1. Plaintiff Union, Pittsburgh Die Sinkers Lodge No. 50 of the International Die Sinkers Conference, is a labor organization within the meaning of the Labor and Management Relations Act, and plaintiffs Harold Johnson and E. C. Baumbeck are individuals bringing this suit on their own behalf and as Trustees ad litem on behalf of all other members of this Union.
2. Defendant, Pittsburgh Forgings Company, is a Delaware corporation, having its principal office and manufacturing plant at Coraopolis, Pennsylvania, producing products and goods at said plant and shipped out of the Commonwealth of Pennsylvania in a twelve month period prior to the trial of this action in excess of $1,000,000.
4. From sometime prior to 1940 until August 1, 1964, a collective bargaining relationship existed between plaintiff Union and defendant.
5. The collective bargaining agreement between the Union and the defendant Company was composed of two separate written instruments, one being known as the "Main Bargaining Agreement", setting forth the recognition of the Union and the basic conditions of employment and the other being known as the "Agreement on Economics", setting forth wage rates and classifications of the union employees. As of July 1, 1960, these two agreements consisted of a Main Bargaining Agreement dated September 1, 1948, unchanged since that date, and an Agreement on Economics dated effective July 1, 1960 to remain in effect until June 30, 1963.
6. Neither of the aforesaid agreements taken separately constitutes a complete collective bargaining agreement setting forth recognition, general conditions of employment, working conditions, wages and hours; taken together, however, they constitute a complete agreement.
7. As of September 1, 1948, plaintiff Union and defendant entered into a collective bargaining agreement known as the "Main Bargaining Agreement", which provided that it should remain in effect until August 1, 1949, and thereafter continue in force and effect from year to year, unless either party should notify the other in writing sixty (60) days prior to the expiration date of the term of an intention to make changes or terminate.
8. On May 8, 1964, the Company gave written notice of termination of this agreement to be effective August 1, 1964.
9. Effective July 1, 1960, plaintiff Union and defendant Company entered into an agreement called an "Agreement on Economics" which was effective July 1, 1960 until June 30, 1963. This agreement carried no provision for termination by action of either party but on April 30, 1963, plaintiff Union notified defendant Company of its desire to negotiate modification of the conditions therein. This "Agreement on Economics" was concerned with wage rates, job classification, merit increases, insurance, and fringe benefits. This Agreement also contained the following language:
"In the event of any conflict between the provisions of this Agreement and those of the Bargaining Agreement, this Agreement shall govern."
10. Despite the notice of termination the employees continued to work after July 1, 1963, the date of expiration of the "Agreement on Economics", under the terms and conditions of the "Main Bargaining Agreement", and under the wage rates of the "Agreement on Economics" until August 20, 1963, when they went on strike to enforce their demand for a wage increase. This strike continued through to the date of the hearing of this action.
11. The "Main Bargaining Agreement" effective September 1, 1948, contained under the heading "General Conditions", the following two provisions relating to the subcontracting of dies:
"1. The Company agrees that dies or parts of dies will not be sublet unless all employees are working forty (40) hours or more per ...