Each of the four agreements contains language that limits the adjustment of dispute provisions to the duration or life of the particular agreement. In our former reading of these provisions we determined that this language showed an intention on the part of the parties to only arbitrate disputes arguably within the arbitration clause during the life of the agreement. Now, after reexamining these provisions, however, we believe that the real intention of the parties was to arbitrate all disputes that arose during the life of the agreements. The allegations contained in Count I of the counterclaim did arise while the agreements were in effect and therefore as provided by the agreements, the employer should have submitted the claims to arbitration and must now submit them to arbitration as he contracted to do.
The general rules as developed by the United States Supreme Court in the Steelworkers Trilogy
and subsequent cases must be applied to the facts presented in Count I of the counterclaim. The Supreme Court in the Steelworkers Trilogy articulated the national policy in favor of resolving labor disputes according to the procedures agreed upon by the parties and noted that courts should resolve questions of interpretation by applying a strong presumption in favor of arbitrability. This presumption in favor of arbitrability applies to the interpretation of contract provisions going to the scope of arbitral authority. Avco Corporation v. Local Union, No. 787, UAW, 459 F.2d 968, 973 (3d Cir. 1972). In Warrior & Gulf, 363 U.S. at 584-85, 80 S. Ct. at 1354, the Supreme Court stated, "In the absence of any express provision excluding the particular grievance from arbitration, we think only the most forceful evidence of a purpose to exclude the claim from arbitration can prevail, particularly where . . . the arbitration clause is quite broad." Applying these general principles to the facts in the instant case, the Defendants must be required to submit the dispute arising under the agreement to arbitration as they bargained to do in exchange for the promise by the union not to strike.
The Defendants thus have failed to exhaust the arbitration procedures which is a prerequisite to judicial review of a dispute under Section 301. See, California Trucking Ass'n v. Corcoran, 74 F.R.D. 534, 547 (N.D.Cal.1977); Drake Bakeries v. Bakery Workers, 370 U.S. 254, 82 S. Ct. 1346, 8 L. Ed. 2d 474 (1962); Local Union No. 11 v. Thompson Electric, 363 F.2d 181, 184 (9th Cir. 1966). It is our duty to enforce an agreement of labor and management to arbitrate their disputes, See, Bechtel Corporation v. Local 215, Laborers' International Union, 544 F.2d 1207, 1214 (3d Cir. 1976), and therefore Defendants must arbitrate the claims they present in Count I of the counterclaim.
Defendants argue that under the compulsory counterclaim requirements of Rule 13(a) of the Federal Rules of Civil Procedure that they are required to present the claim in the present suit. An exception to Rule 13(a) arises, however, when the counterclaim falls within the scope of a collective bargaining agreement. See, Wright and Miller, Federal Practice and Procedure, Civil § 1412 (1971); 3 Moore's Federal Practice § 13.02, n.22. In Local Union No. 11, AFL-CIO v. G. P. Thompson Electric, Inc., 363 F.2d 181 (9th Cir. 1966), the rule was articulated that claims within an arbitration clause are not compulsory counterclaims within Rule 13(a) and that they would not be waived by the failure to assert them in any ongoing judicial action. The court noted that in bypassing arbitration and asserting counterclaims as to controversies otherwise arbitrable, the desired intent and purpose of the arbitration agreement would be effectively frustrated. Id. at 185. Either party to a labor agreement can ordinarily insist on arbitration of disputes, See, United Steelworkers of America v. Mesker Bros. Industries, Inc., 457 F.2d 91, 95 (8th Cir. 1972), and here the Plaintiffs have refused to waive their right to arbitration of the disputes raised in Count I of the counterclaim. See, Woody v. Sterling Aluminum Products, Inc., 244 F. Supp. 84, 91 (E.D.Mo.1965); ITT World Communications, Inc. v. Communications Workers, 422 F.2d 77 (2d Cir. 1970). Also, the termination of a collective bargaining agreement does not automatically extinguish a party's duty to arbitrate grievances arising under the contract, and such expiration does not terminate the parties' contractual obligation to resolve such a dispute by an arbitral rather than a judicial forum when the dispute arises during the life of the agreement. See, Nolde Brothers, Inc. v. Local No. 358, AFL-CIO, 430 U.S. 243, 251, 97 S. Ct. 1067, 51 L. Ed. 2d 300 (1977). Therefore, Plaintiffs have the right to demand that this arbitral dispute, raised in Count I of the counterclaim, be submitted to arbitration even though the contract has since expired and even though they have brought the Defendants into court on a related matter.
The final issue presented by the pending motions is whether Count II of the counterclaim should be stayed pending arbitration of Count I. Plaintiffs rely on Bechtel Corporation v. Laborers Local 215, 544 F.2d 1207 (3d Cir. 1976), for the proposition that an action under Section 303 should be stayed if the arbitrator's determination on a related question would aid the court in determining the issues presented under Section 303. Count II, a Section 303 action, alleges that Stroudsburg Fur Dressing Corporation was damaged by Plaintiff unions' unlawful secondary boycott activity directed at neutral third parties. Count II thus concerns different factual issues, and different legal principles and the outcome of Count I will not necessarily affect the outcome of Count II. Bechtel Corporation is not controlling as in that case resolution of the claim submitted to the arbitrator, if resolved in favor of the plaintiff, could have obviated the need to try the Section 303 action. That is not the circumstance in the present case and therefore Count II will not be stayed pending arbitration of Count I.
An appropriate order will be entered.