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PHILADELPHIA MARINE TRADE ASSN. v. INTERNATIONAL L

March 14, 1967

Philadelphia Marine Trade Association, Appellant
v.
International Longshoremen's Association, AFL-CIO and Local 1291, International Longshoremen's Association, Appellee


Davis, District Judge.


The opinion of the court was delivered by: DAVIS

 We have held a hearing and now make the following:

 Findings of Fact

 1. On February 28, 1967, a dispute arose between the parties concerning the number of pallets of frozen meat to be discharged in each draft from the S/S CAPORTEGAL.

 2. The representatives of the union instructed the longshoremen not to unload the cargo with more than one pallet per draft.

 3. The plaintiff attempted to have the union agree to arbitrate the dispute under the contract but the defendant refused on the ground that the matter was not one for arbitration.

 4. The pertinent portions of paragraph 13 of the labor contract read:

 "The employer to have the right to so regulate the work of stevedoring a ship as to:

 
(a) Best attain an orderly, safe and efficient movement of the cargo into or out of the vessel.
 
* * *
 
(c) Making the best use of the skill and aptitude of the workers with the right to apply available mechanism and motive power to minimize wasteful manual work.
 
(d) Nothing herein contained shall be construed as warranting a demand on the part of the union to change established methods of operation or to change the number of men heretofore employed in gangs, providing that a committee of three representatives of the Union and three representatives of the Employer shall immediately following the execution of this agreement hold meetings for the purpose of reaching an agreement upon the number of men on certain commodities where disputes regarding the number of men may exist. In the event that technological advancements in machinery or methods in the future are introduced by the Employers, the number of men, thereforth to be employed for handling the ...

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