The opinion of the court was delivered by: KNOX
This is an action brought under § 301 of the Labor Management Relations Act of 1947, as amended, 29 U.S.C. § 185 to vacate an arbitrator's award. The movant, the Service Personnel and Employees of the Dairy Industry, Teamsters Local Union No. 205 (hereinafter the Union) filed a motion for summary judgment on February 28, 1977, based upon its original motion to vacate. The issue presented to the court is whether the arbitration award rendered in favor of the defendant, Carl Colteryahn Dairy, Inc., draws its "essence" from the parties collective bargaining agreement. United Steelworkers v. Enterprise Wheel & Car Corp., 363 U.S. 593, 80 S. Ct. 1358, 4 L. Ed. 2d 1424 (1960). For the reasons to be outlined below, the court concludes that the award does draw its essence from the contract and therefore the union's motion to vacate must be denied.
The dispute in this case arises out of defendant Carl Colteryahn Dairy, Inc.'s purchase of three twenty-foot wholesale route vehicles, allegedly in violation of the collective bargaining agreement. The agreement, effective from May 1, 1976 through May 1, 1978, contains the following provisions with respect to the maximum body size permitted for delivery route vehicles:
"The following maximum load limit shall be established in the distribution of milk, cream and fluid products in paper and plastic containers for wholesale milk routes operating under the commission system:
a. Wholesale -- 52,000 units per month regardless of the number of days in month.
The unit used in computing load limits shall be the quart or its equivalent. Four half pints equal one unit and two pints equal one unit, regardless of the fluid content of the container. Bulk products delivered in can dispensers of five (5) or more gallons, butter, eggs, cottage cheese and meats are excluded from compilation of load limits on both retail and wholesale trucks.
Any route on which paper or plastic containers are delivered shall be considered a paper route and operated under regulations governing paper.
Commission rates on glass and paper will govern each respectively, on routes where both types of containers are handled. Load limits on paper will prevail.
There shall be no load limits in the distribution of milk, ice cream or other products on wholesale routes operating on the hourly basis. However, deliveries on hourly wholesale milk routes shall be made with vehicles whose maximum body length shall be 18 feet, and further, no tractor-trailers will be used.
A report of the number of units delivered on each load each day of the month for each wholesale route on commission shall be prepared not later than the twentieth (20th) day of each subsequent month."
The background of the dispute has been fully summarized by Arbitrator Thomas McDermott in his opinion and award. Defendant Carl Colteryahn Dairy, Inc. has been a distributor of milk in the Pittsburgh market for over sixty years. The defendant is one of seven companies who are parties to the multi employer collective bargaining agreement now in effect with the union. Prior to October 1976 the company had been engaged in the wholesale delivery of milk and dairy products to stores and in retail distribution on a home delivery basis in the Pittsburgh market.
In July 1976, however, the company decided to abandon its retail operations and concentrate solely on servicing its wholesale accounts. In order to carry out this change-over defendant needed to obtain larger trucks for its straight wholesale routes and in August 1976 it purchased three used twenty-foot trucks from the Sealtest Company in Cleveland, Ohio.
The arbitrator notes that during negotiations before adoption of the bargaining agreement the employer group attempted to change Article VI, Section 2 to increase the maximum body length of wholesale route vehicles from 18 to 22 feet. The employers were not successful in including this change in the contract. Following negotiations, the employers again attempted to change the maximum length by raising the matter with the president ...