The opinion of the court was delivered by: BRODERICK
1. Plaintiff is an employer engaged in an industry affecting commerce within the meaning of the National Labor Relations Act, 29 U.S.C. § 151 et seq.
2. Defendant Highway Truck Drivers & Helpers Local No. 107 is a labor organization within the meaning of the National Labor Relations Act, 29 U.S.C. § 151 et seq.
3. Plaintiff Signal and defendant Local No. 107 are parties to a valid, subsisting collective bargaining agreement, the term of which is from April 1, 1970 to June 30, 1973.
4. The collective bargaining agreement provides that grievances arising out of the agreement should be submitted for arbitration to the Joint Local Committee consisting of three representatives of Local 107 and three representatives of management; and if the Joint Local Committee fails to reach a decision, the grievance is to be submitted to the Joint Area Committee.
5. The forms on which the grievances were submitted to the Joint Area Committee over signatures of an agent of Local 107 and a representative of Signal provide that a majority decision of the Committee "will be final, conclusive and binding with no appeal and further that neither party will attempt through any overt acts to avoid the decision rendered."
6. On April 6, 1971, in response to a union grievance that the "company is paying wrong rate for men alleged to be doing checking work", the J.A.C. denied "the claims of the Union." (J.A.C. 4-C-61-71).
7. On January 19, 1972, the union filed the following grievance: "company improperly classifying employees. Men presently classified as platform men should be classified as checkers."
8. On March 7, 1972, the J.A.C. reached the following decision concerning the January 19, 1972 grievance:
The Panel met in executive session where a motion was made and seconded that where these grievants are required to handle bills, be responsible for counting of freight or signing for freight they are to be paid the checker's rate of pay. When the employees are told to move freight or to place it in a specific location, then they are to be paid the rate of pay of a platform man. Motion carried. (J.A.C. 3-C-18-72).
9. A case (J.L.C. 6-C265-72) was submitted to the Joint Local Committee by Local 107 seeking checker's wages for certain work done by ...