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November 3, 1966

International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Local 776
Standard Motor Freight, Inc.

Follmer, D.J.

The opinion of the court was delivered by: FOLLMER


This matter is before the Court on Motions for Summary Judgment filed by both plaintiff and defendant, both of whom filed affidavits in support of their respective motions.

 This is a labor dispute involving pay shortages, clarification of a prior award and a discharge case.

 Plaintiff seeks an order directing defendant to proceed with arbitration of the said grievances in the manner provided in a Collective Bargaining Agreement effective April 1, 1961.

 The Complaint alleges that during the term of the said Agreement, Melvin Pollum, John A. Kress, William Null and Richard Weyant were employed by defendant-employer, were represented by the Union and were covered by the Collective Bargaining Agreement above referred to.

 The said Agreement, at Article 7, relating to the Grievance Procedure, provides as follows:

"The Union and the Company agree that there shall be no strike, lockout, tieup or legal proceeding without first using all possible means of settlement as provided for in this Agreement of any controversy which might arise. In the event of any grievance, complaint, or dispute on the part of an employee it shall be handled or processed in the following manner:
"Section 1. The employee shall report the alleged grievance or dispute to his shop steward or committeeman in writing within forty-eight (48) hours from the time of occurrence of the alleged grievance or dispute or the grievance shall be void and receive no further consideration by either party to this Agreement. The steward or committeeman shall attempt to adjust the problem with the Company within forty-eight (48) hours from the time the grievance or dispute is presented to him by the employee.
"Section 2. Failing to agree, the shop steward shall report the problem to the Union, who shall state the Union's position in writing to the Company and attempt to adjust the same with the Company within five (5) days.
"Section 3. If both parties cannot resolve the dispute as set forth in Section 2 above, either party may reduce the complaint in writing, furnishing copies of same to the other party, with the request that the matter be heard by the joint grievance committee to be comprised of a minimum of two (2) employer representatives to be selected from among those companies which are signatory to this Agreement, and two (2) authorized representatives of the Union. Such committee shall meet at a time and place agreed upon by the committee, and unless excused by the committee, the complaining party and the employer involved must appear before such committee under penalty of default. Any complaint not filed in writing as provided for above shall be considered null and void. The decision of the committee shall be final and binding on all parties. In the event of a deadlock, the matter will be resolved in accordance with the arbitration provisions established under the contract. Failure on the part of the committee to designate a meeting time and place within a reasonable period of time shall be the basis for any party to such grievance in which there is continuing liability, to waive the grievance committee hearing and permit the matter to go directly to arbitration.
"Section 4. If both parties cannot resolve the dispute as set forth in Section 3 above, either party may request Arbitration of the Dispute by so advising the other party in writing within five (5) days after the completion of Section 3 above. Upon such request, each side shall nominate arbitrators within five (5) days. If the two parties cannot agree upon an arbitrator within five (5) days of nomination, the American Arbitration Association shall be requested by either party to name the neutral arbitrator. All arbitration expense shall be shared equally by the parties. Each party agrees to accept and abide by any decision or award made by an Arbitrator or Arbitration Board. The Arbitrator or Board of Arbitration shall have the right to interpret, apply or determine compliance with the provisions of only this Agreement, but shall not have the right nor authority to add to, delete from or alter in any way the provisions of this Agreement.
"Section 5. While a problem or dispute is being processed through the Grievance Procedure, the work of the employees at the Relay operation or on the road or at terminal or at another work place shall not be hindered, restricted or interfered with in any way by either party, Union or Company. Adherence to and compliance with the Grievance Procedure shall not jeopardize their position in any subsequent step of the Grievance Procedure.
"Section 6. The Company and the Union agree that this Grievance Procedure shall be available to the Companies on the same terms and conditions as available to the Union Members."

 On August 4, 1964, the Union, pursuant to Section 3 of Article 7 of the Agreement quoted above, filed a Complaint with defendant-employer on behalf of the said Pollum, Kress, Null and Weyant, and requested a hearing by the Joint Area Grievance Committee in accordance with said Section 3, Article 7, and then enumerated the claims of the said four employees. On the said date, the Union filed a complaint in writing on behalf of said Kress, claiming that he was entitled to reinstatement and reimbursement for lost pay because of the termination of his employment by defendant on September 25, 1963. On the same date, the Union filed a complaint in writing for the purpose of obtaining a clarification of a decision of the Joint Grievance Committee entered January 25, 1964, on claim of said Pollum. On the request of the Union, the Company agreed that the Joint Board ...

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