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LOCAL 464

April 13, 1967

Local 464, American Bakery And Confectionery Workers International Union, AFL-CIO, Plaintiff
v.
Hershey Chocolate Corporation, Defendant


Follmer, D.J.


The opinion of the court was delivered by: FOLLMER

FOLLMER, D.J.

Plaintiff (Union) commenced an action against defendant (employer) to compel arbitration. The complaint alleges that this Court has jurisdiction by virtue of Section 301 of the Labor Management Relations Act of 1947, as amended, 29 U.S.C. § 185.

 Defendant filed an answer to the complaint denying the existence of an arbitrable dispute within the meaning of paragraph 9 of its agreement with the Union, and plaintiff has moved for judgment on the pleadings.

 The pertinent facts which are not in dispute as evidenced by the pleadings may be summarized briefly as follows:

 Plaintiff is an unincorporated labor organization maintaining an office at Hershey, Pennsylvania. Plaintiff is the recognized collective bargaining agent for certain employees of defendant at its Hershey, Pennsylvania, plant and is a party to a collective bargaining agreement with defendant covering such employees. The term of this agreement was from April 14, 1964, through December 31, 1966.

 On July 2, 1963, nine months prior to the execution of the aforesaid collective bargaining agreement, Hershey purchased the assets of H. B. Reese Candy Company, Inc., also located at Hershey, Pennsylvania.

 The complaint further alleges that over the past months, the production and shipping operations of the wholly owned subsidiary known as Reese Candy Company have been increasingly integrated with the existing Hershey operations and that such integration has reached a point as of the present time in which factually the Reese operations and Hershey have been merged into the definition of the obligation under the recognition clause of Exhibit "A" (collective bargaining agreement), all of which defendant denies. Defendant has rejected plaintiff's demand to accord recognition and coverage of Exhibit "A" to the activities and employees of Reese and has further rejected plaintiff's request to proceed to arbitration on the question of whether or not defendant was contractually obligated to apply the recognition clause and the balance of the collective bargaining agreement to the employees and operations of Reese Candy Company.

 Defendant states, and plaintiff does not deny, that plaintiff has been engaged in a prolonged organizational campaign at the Reese plant, which campaign resulted in an overwhelming defeat by the Reese employees in a representational election held August 19, 1966.

 In United Steelworkers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 582, 4 L. Ed. 2d 1409, 80 S. Ct. 1347 (1960), one of the historic cases in the series known as the "Steelworkers Trilogy," the Court said:

 
"The Congress, however, has by § 301 of the Labor Management Relations Act, assigned the courts the duty of determining whether the reluctant party has breached his promise to arbitrate. For arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. * * *"

 See also, John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543, 547, 11 L. Ed. 2d 898, 84 S. Ct. 909 (1964).

 In paragraph 12 of the complaint, plaintiff alleges that "Article IX of the collective bargaining agreement sets forth the grievance and arbitration procedure." In paragraph 13 of the complaint, plaintiff alleges that "a dispute exists within the scope of the grievance and arbitration procedure." This, as above indicated, is the point here at issue.

 Paragraph 9 of the collective bargaining ...


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