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United Engineering and Foundry Employees Association Independent Union v. United Engineering and Foundry Co.

decided: December 19, 1967.

UNITED ENGINEERING AND FOUNDRY EMPLOYEES ASSOCIATION INDEPENDENT UNION, PLAINTIFF-APPELLANT
v.
UNITED ENGINEERING AND FOUNDRY COMPANY, DEFENDANT-APPELLEE



Smith and Freedman, Circuit Judges, and Wortendyke, District Judge.

Author: Per Curiam

This appeal is from an order of the District Court for the Western District of Pennsylvania denying enforcement of an arbitration provision of a collective bargaining agreement. Plaintiff Union seeks to compel the defendant to arbitrate plaintiff's claim for a wage increase of 2 1/2 cents for its members. Plaintiff alleges that defendant orally agreed, prior to the signing of a collective bargaining contract, to adjust wages and job classifications upon settlement of a strike then in progress at defendant's plant in Youngstown, Ohio. Plaintiff contends that in consideration of the oral representations made by the employer's negotiating committee to the Union's negotiating committee, the Union agreed, without a strike, to a renewal of the collective bargaining agreement. Defendant denies that any such oral agreement arose during conversations between the parties, and further contends that, even if an oral contract did result, it was not subject to the arbitration provisions of a completely different written agreement.

The relevant parts of the collective bargaining agreement are found in the following provisions:

"The purpose of this Agreement is to set forth certain terms and conditions of employment agreed upon by the Company and the Union, to maintain a prompt and equitable means of settling employees' grievances, and to promote and improve the industrial relations between the Company and its employees at the Frank-Kneeland Plant.

ARTICLE V

Grievance Procedure

Section 1.

Should differences arise between the Company and the employees or the Union as to the meaning or application of the terms and provisions of this Agreement such differences shall be adjusted in the following manner:

(1) . . .

(2) . . .

(3) Should the efforts of the Plant Management and the Grievance Committee fail to result in a satisfactory adjustment, the grievance in writing shall be submitted to a representative of the Union and a representative of the Company's City Office together with the aforementioned Union Committee and Superintendent. If no agreement is reached, the grievance shall be submitted for arbitration within ten days.

(4) An arbitrator shall be selected by the Company and the Union . . . and all of the issues shall be presented to such arbitrator for final adjustment. . . . The arbitrator selected shall expeditiously and without delay decide said case. The decision of the arbitrator shall be final and binding on both parties. The decision of the arbitrator may not in any way modify the terms or provisions of this Agreement. . . .

ARTICLE XVIII

Strikes and ...


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