Appeal from order of Court of Common Pleas of Lackawanna County, May T., 1970, No. 290, in case of The Haddon Craftsmen, Inc. v. Bookbinders Local No. 97.
Sheldon Rosenberg, with him Nogi, O'Malley & Harris, for appellant.
Paul A. McGlone, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Watkins, J.
[ 220 Pa. Super. Page 207]
This is an appeal from the judgment of the Court of Common Pleas of Lackawanna County, entered on the pleadings, in favor of Bookbinders Local No. 97, AFL-CIO, the defendant-appellee, and against the Haddon Craftsmen, Inc., the plaintiff-appellant.
The defendant-appellee in this case was the duly accredited bargaining agent of the plaintiff company's employees. A contract was in effect. A grievance was filed by the company alleging that the union violated Article VI of the collective bargaining agreement concerning the promotion of apprentice employees to journeymen.
Article VI, Section 10 B of the contract states: "It is agreed and understood by the parties hereto that the
[ 220 Pa. Super. Page 208]
Bookbinders' Local #97 shall advance apprentices to Journeymen classification when requested by Management providing the Company advises the Union where and why journeymen are needed." (Emphasis supplied.)
The company filed a written grievance alleging the violation of this section. The written grievance read as follows: "On September 17, 1968, a meeting was held with the officers of the Union in order to advance apprentices to Journeymen classification and the Company advised the Union where and why Journeymen were needed. The apprentices in attendance at this meeting refused to be advanced to the Journeymen status."
The grievance was processed through the prescribed procedure pursuant to the submission of Article I and Article VIII of the contract and no satisfactory solution was reached. The company then demanded arbitration of all the issues and claims as provided in Article VIII. The union refused arbitration.
After prolonged litigation, on August 14, 1967, the United States District Court for the Middle District directed the union to proceed to arbitration. The parties waived the three man board and pursuant to Article VIII, E. L. Keller was selected through the Federal Mediation and Conciliation Service as the sole arbitrator. The request for upgrading apprentices was set forth in the original written grievance and the request for damages was made orally at the arbitration hearing. The arbitrator found that the union violated the contract in failing to advance apprentices and required the ...