We, therefore, conclude that we are foreclosed from exercise of judicial power to affect the results of the two arbitration decisions here. This matter has come before the court by way of a motion for summary judgment filed by two of the defendants here, U.A.W. and I.M.A.W. Both allege that there is no dispute as to any material issue of fact, both aver that there is no legal reason alleged in plaintiff's complaint for setting aside the respective decisions of the arbitrators in their cases. For the purposes of this motion, the factual allegations raised by plaintiff are admitted by defendants, and on this basis the parties are not contesting any fact issues. The matter may thus be considered as appropriate for summary judgment.
Defendant U.A.W. also pleads a counterclaim asking for enforcement of the U.A.W. arbitration award, and it likewise asks for summary judgment on its counterclaim. The Answer of plaintiff to the counterclaim admits that it has refused to comply with the U.A.W. award, but avers that said award is not based upon the contract between plaintiff and U.A.W.; that it is not in accord with prior practice and is in conflict with the I.M.A.W. award.
Under this set of undisputed facts and in accordance with the conclusions set forth herein, it appears that defendant U.A.W. is entitled to enforcement of its arbitration award by summary judgment. The jurisdiction of this court over suits arising out of collective bargaining agreements is settled by Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C. § 185. This includes the power to order specific performance of an agreement to arbitrate. T.W.U. v. Lincoln Mills, 353 U.S. 448, 1 L. Ed. 2d 972, 77 S. Ct. 912 , United Eng. & Foundry Employees Union v. United Eng. & Foundry Co. 389 F.2d 479 [3rd Cir., December 19, 1967], and to order compliance with an arbitrator's award. Kornman Co. v. Clothing Workers, 264 F.2d 733 [6th Cir., 1959], Textile Workers, v. Cone Mills Corp., 268 F.2d 920 [4th Cir., 1959].
And Now this 12th day of January, 1968, this matter having come on to be heard upon Motion of Defendant Local Union 832, International Union United Automobile, Aero-Space & Agriculture Implement Workers of America AFL-CIO, for Summary Judgment under Rule 56 of the Fed. R. of Civ. P.; and under Motion of Defendant Local 38, International Molders & Allied Workers Union, AFL-CIO for Summary Judgment, and it appearing to the court from the pleadings and exhibits of record that there is no genuine issue as to any material fact and that defendants are entitled to judgment as a matter of law, it is
Ordered, Adjudged and Decreed that Summary Judgment be entered as follows for the relief sought in the respective motions:
1.Motions of both Defendants for Summary Judgment of Dismissal of Plaintiff's Complaint are Granted. Plaintiff shall be allowed twenty days from the date of entry of this Order to amend said complaint; otherwise the same shall stand dismissed.
2. Motion of Defendant Local 832, International Union United Automobile, Aero-Space & Agricultural Implement Workers of America, AFL-CIO for Summary Judgment on its Counterclaim for enforcement of the Arbitration Award of G. Allen Dash in the matter of American Sterilizer Co. v. Local 832 U.A.W. is Granted in favor of said Defendant and against Plaintiff.
3. In default of Amendment of Plaintiff's Complaint within twenty days as provided in paragraph 1 of this Order, Defendant Local 832 U.A.W. shall prepare and submit to the Court, with notice to all other counsel, an appropriate form of proposed order requiring compliance by Plaintiff with the aforesaid decision of Arbitrator G. Allen Dash. Said proposed order shall be confined to the specific matters included in the grievance submitted in that arbitration and the specific findings thereof, consistent with the conclusions of the court set forth in the foregoing Opinion.
All costs to be paid by Plaintiff.
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