restraining and enjoining the defendant as follows:
(1) To take steps preparatory to arbitration in accordance with the provisions of Article XXII Grievance and Arbitration Clause of the labor contract with plaintiff to ensure the selection of a third member of the panel on or before the 4th day of September, 1972, and to arbitrate all issues to be set forth in writing between the parties as provided in Article XXII. The plaintiffs are likewise directed to cooperate with the defendant in pursuing the arbitration procedures as set forth in Article XXII, to ensure the selection of the third member of the panel on or before September 4, 1972, and to set forth in writing the specific issues to be arbitrated and present the same to the defendant forthwith. In the event the parties are unable to agree upon a written submission of issues as required by Article XXII, either party may apply to the court for further orders with respect to this matter.
(2) Pending final and binding arbitration and/or final enforcement of the arbitrator's award in a court of law, if it becomes necessary, the National Tea Company is hereby enjoined and restrained from terminating and/or laying off any of its employees covered by the labor contract with plaintiffs. Nor shall defendant engage in any lockout of its employees as set forth in Article XXI of the contract.
(3) To meet with its employees' representatives in an endeavor to reach a satisfactory solution to the problems confronting the parties in accordance with the provisions of Section 3 of the letter on page 38 of the contract and to bargain in good faith to this end. If either party is of the opinion that the other party is refusing to meet in good faith in an attempt to arrive at a mutually satisfactory conclusion of the issues, such party may apply to the court for further directions with respect to this matter.
(4) To refrain, pending final and binding arbitration and/or final enforcement of the arbitrator's award in a court of law if it becomes necessary, from consummating any contract for the sale of the stores covered by the labor agreement with plaintiff which does not contain a clause making said contract binding upon plaintiff's successors and assigns in accordance with Article XXXI of the contract.
This preliminary injunction is to remain in effect until final and binding arbitration has occurred and/or final enforcement of the arbitrators award in a court of law, if it becomes necessary, or until a final decree is entered in this case.
This preliminary injunction when effective shall supersede the temporary restraining order heretofore issued on August 4, 1972, in this case as extended by order dated August 10, 1972, but shall not terminate any rights acquired or liabilities incurred under said temporary restraining order.
The plaintiff union shall post an additional bond with surety approved by this court in an additional amount of $15,000 or a total bond of $25,000 contemporaneously with the issuance of this preliminary injunctive order.