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H. K. PORTER CO. v. UNITED SAW

April 4, 1968

H. K. PORTER COMPANY, Inc.
v.
UNITED SAW, FILE AND STEEL PRODUCTS WORKERS OF AMERICA, FEDERAL LABOR UNION NO. 22254, AFL-CIO



The opinion of the court was delivered by: LORD, JR.

 JOHN W. LORD, Jr., District Judge.

 This is a labor arbitration matter.

 Shortly after the plaintiff, H. K. Porter Company, Inc. ("Porter"), announced its intention to move a large portion of its operations from its Philadelphia plant to Danville, Virginia, the defendant, United Saw, File and Steel Products Workers of America, Federal Labor Union No. 22254, AFL-CIO ("Union"), filed certain grievances claiming pension rights and severance pay. Porter objected to the arbitrability of these grievances but was finally directed by this Court on April 11, 1961 to submit the disputes to arbitration. *fn1" United Saw, File and Steel Products Workers v. H. K. Porter Co., 190 F. Supp. 407 (E.D.Pa.1960).

 Thereafter, W. Roy Buckwalter was selected as the arbitrator, hearings were held, and an award was made on August 17, 1962 stating:

 
" Pensions: The Arbitrator rules that:
 
"1. Each employee who, at the time he was terminated, had completed twenty-five years or more of service, but had not yet reached age sixty-five, shall be paid a full pension.
 
"The formula for payment to be worked out by H. K. Porter Company and the Union.
 
"Each terminated employee shall receive a $1,000 non-contributory life insurance policy as provided for in Section XIX-A.
 
"2. Each employee, who at the time he was terminated had reached age sixty-five, but had not completed twenty-five years of service shall be paid a pro rata pension based on an equitable formula to be worked out by H. K. Porter Company and the Union.
 
"Each terminated employee shall receive a $1,000 non-contributory life insurance policy as provided for in Section XIX-A.
 
"3. The request for pensions for employees who, at their termination, had not yet reached age sixty-five and who had not put in twenty-five years of service is denied.
 
" Severance Pay:
 
"The Union's request for severance pay ...

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