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LUDWIG HONOLD MFG. CO. v. FLETCHER

September 18, 1967

Ludwig Honold Manufacturing Company, Plaintiff
v.
Harold A. Fletcher et al., Defendants


Troutman, D.J.


The opinion of the court was delivered by: TROUTMAN

This case had its origin in the Court of Common Pleas of Delaware County with the filing of a rule to show cause by the plaintiff why an arbitrator's award should not be set aside and vacated. At the same time, preliminary objections were filed by the defendants, alleging jurisdiction in this Court and failure to join an indispensable party.

 Thereafter, the matter was removed to this Court on petition of the defendants and a motion to remand refused by Judge John P. Fullam on October 14, 1966. Defendants' preliminary objections are, in part, disposed of automatically by transfer to this Court. Defendants' counsel has indicated no desire to pursue the balance of his preliminary objections.

 As to the rule to show cause filed by the plaintiff the issue there presented is squarely before this Court by reason of transfer pursuant to petition under Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C.A., Section 185.

 Both parties have filed motions for summary judgment.

 The facts are briefly as follows: On or about October 25, 1948, Harold A. Fletcher, defendant, was employed by the plaintiff. On November 1, 1963, his employment became subject to the terms of a collective bargaining agreement between the plaintiff and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW AFL-CIO) and its Local 416. Article XIX of said agreement provided, inter alia, as follows:

 
"Whenever Company determines that a permanent vacancy occurs, or a new job is created, notice of such jobs shall be posted in the plant for a period of forty-eight (48) working hours. Employees with the greatest seniority shall be assigned to fill such jobs provided such employees have the skill and ability to perform the job involved in a satisfactory manner.
 
* * *
 
"Employees who have applied for such new jobs and have been assigned to fill such jobs will not be eligible to apply for any other posted job for a period of six months (6) from the date of his transfer into such posted job, or by mutual agreement between Company and Union.
 
* * *
 
"When an opening occurs in a higher labor grade and there is no employee with a prior right to such job, such opening will be filled on the basis of skill and ability as the determining factors, with seniority being given full consideration and prevailing when skill and ability are equal. Selection of available qualified employees for openings that occur will be in the following sequence:
 
"From within the next lower job classification within the non-interchangeable group."

 On or about September 29, 1965, plaintiff posted, for application by eligible employees, the job of Sheet Metal Specialist A and on the same day, Fletcher was assigned to and accepted said job. On September 30, 1965, one James McGill, a new employee, was hired by the plaintiff as a Sheet Metal Specialist A. On November 16, 1965, plaintiff posted, for application by eligible employees, the job of Sheet Metal Leader. Sometime prior to November 22, 1965, both Fletcher and McGill bid for this "new" job and on November 22, 1965, the job was awarded by the plaintiff-employer to McGill. Although not pertinent, it is noted that said job was discontinued on February 11, 1966.

 Thereafter, defendant, Fletcher, entered a grievance against the plaintiff pursuant to the Grievance Procedure provided in the agreement, alleging that he was wrongfully refused the "new" job of Sheet Metal Leader and seeking the wage differential between the job in which he was employed and that of Sheet Metal Leader. The procedures provided in the contract ...


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