until four years after submission. This backlog of arbitration cases was caused primarily by the collective bargaining provision for a single arbitrator for the plaintiff's more than forty plants across the country. The single arbitrator also hears cases from other companies leaving him with only limited time to devote to plaintiff's plants. It is our conclusion, however, that the issue before us is not moot and that the cause of the September 27th work stoppage was the disciplining of the two employees who refused to work overtime.
Although the parties agreed to arbitrate the suspension of the employees involved in the work stoppage and more than half of these grievances have been finally arbitrated, the issue before the Court is not moot since the issues before the arbitrator and the court differ. The arbitration proceeding decides whether there was just cause for the Company's action in suspending the employees for engaging in the work stoppage. The issue before the court, however, is whether the cause for the work stoppage was over a matter subject to arbitration. Thus, the decision by the arbitrator does not determine the issue before us. In addition, if there is a likelihood of reoccurrence of the dispute between the parties, the matter is not moot. Pittsburgh Newspaper Printing Pressmen's Union No. 9 v. Pittsburgh Press Co., 479 F.2d 607 (3 Cir., filed April 3, 1973); Avco Corp. v. Local 787, Autoworkers, 459 F.2d 968, 974 (3 Cir. 1972).
Finally, after carefully reviewing the Notes of Testimony of the hearing on the permanent injunction and the memoranda of law submitted by counsel for the parties, we are satisfied that the cause of the work stoppage was the disciplining of the two employees who refused to work overtime.
Now, this 29th day of June, 1973, upon complaint and affidavits filed by counsel for plaintiff, following a full hearing on plaintiff's motion for a permanent injunction and upon findings by the Court that:
1. The plaintiff and defendant Union are parties to a collective bargaining agreement.