found uncertainty in the language of the contract which used both the singular and plural of the term "grievance" indiscriminately (See Avon Products, Inc. v. International U. UAW, Local 710, 386 F.2d 651), we do not believe that this is a controlling factor. That Circuit Court affirmed the order of the District Court which ordered multiple issues submitted to arbitration and further ordered that the first arbitrator selected should determine whether all of the stated grievances should be submitted to one arbitrator. (263 F. Supp. 92). The District Court's opinion and order did not consider the arbitrability vel non of the multiple arbitrations issue.
Avon Products, supra, recites a series of cases in the district courts all dealing with multiple issues proposed to be submitted to a single arbitrator. In each case the issue has been decided for arbitrability, although for a variety of reasons.
In Fitchburg Paper Company v. MacDonald, 242 F. Supp. 502, the court held that "The only issue, whether there should be one arbitration proceeding or two is a procedural one. The question is not whether these grievances shall be arbitrated or not, but only how the arbitration is to be conducted." (p. 505).
In Local 469 v. Hess Oil & Chem. Corp., 226 F. Supp. 452, while the court referred to the multiple grievances as involving similar questions of fact and law, it felt that this was a factor which should be placed before the arbitrator so that he could determine the propriety of hearing the issues together rather than separately. The court concluded: "This Court may not and will not deprive the arbitrator of the opportunity and obligation to determine that question." (p. 456).
In Traylor Eng. & Mfg. Div. of Fuller Company v. United Steelworkers, 220 F. Supp. 896, the grievances were unrelated. The company sought to enjoin the submission of the multiple grievances to one arbitrator until the determination by arbitration of a separate submission on the question of the power of the arbitrator to hear multiple grievances. The court held that because this was solely one more statement of an arbitrable issue, it could proceed no further and left the entire matter for the determination of the arbitrator.
Thus every reported case, in whatever aspect it has been presented, and for a variety of reasons, has determined that the issue arises out of the contract, that the contract compels arbitration, and that the question must be submitted to the arbitrator.
Perhaps the best overall answer to the question is provided in John Wiley & Sons, Inc., v. Livingston, 376 U.S. 543, 11 L. Ed. 2d 898, 84 S. Ct. 909:
"Once it is determined, as we have, that the parties are obligated to submit the subject matter of a dispute to arbitration, 'procedural' questions which grow out of the dispute and bear on its final disposition should be left to the arbitrator. Even under a contrary rule, a court could deny arbitration only if it could confidently be said not only that a claim was strictly 'procedural,' and therefore within the purview of the court, but also that it should operate to bar arbitration altogether, and not merely limit or qualify an arbitral award." (pp. 557, 558).