United Steelworkers v. Warrior & Gulf Nav. Co.

Decision Date22 December 1958
Docket NumberCiv. A. No. 2100.
PartiesUNITED STEELWORKERS OF AMERICA, AFL-CIO, an unincorporated association, Plaintiff, v. WARRIOR & GULF NAVIGATION COMPANY, a corporation, Defendant.
CourtU.S. District Court — Southern District of Alabama

Arthur J. Goldberg, Gen. Counsel, David E. Feller, Associate Gen. Counsel, United Steelworkers of America, AFL-CIO, Washington, D. C., Hugo Black Jr., Cooper, Mitch, Black & Crawford, Birmingham, Ala., for plaintiff.

Samuel Lang, Kullman & Lang, New Orleans, La., T. K. Jackson Jr., Armbrecht, Jackson, McConnell & DeMouy, Mobile, Ala., for defendant.

DANIEL HOLCOMBE THOMAS, District Judge.

The above entitled cause came on to be heard upon motion for preliminary injunction under Section 301 of the Labor Management Relations Act of 1947, 61 Stat. 156, 29 U.S.C.A. § 185, based upon plaintiff's complaint to compel defendant to arbitrate, under a labor contract, whether defendant has the right to contract out, or subcontract, maintenance work. The plaintiff's motion for preliminary injunction was set down for hearing on October 30, 1958, prior to which defendant filed in opposition to the motion for preliminary injunction, a motion to dismiss, and answer to the complaint. At the hearing on that day counsel for the parties stipulated that all pleadings and matters presented by them be consolidated, tried, and disposed of at one and the same time, and that testimony and other evidence be presented as if on final hearing for a permanent injunction as well as the preliminary injunction. The Court on the same day, after hearing arguments by opposing counsel, and after duly considering same, reserved ruling on defendant's motion to dismiss the complaint and on the plaintiff's motion for preliminary injunction, and denied an oral motion by plaintiff to strike the Second, Third and Fourth defenses of the defendant's answer. Testimony and exhibits were presented by the parties, with opportunity for cross-examination, after which the matter was on the same day submitted to the Court. The Court, having duly considered the arguments, citations of legal authorities, pleadings and evidence of the parties submitted herein, and being fully advised in the premises and after due and full consideration, now makes the following:

Findings of Fact.

1. The plaintiff, United Steelworkers of America, AFL-CIO, is an unincorporated labor organization within the meaning of Section 2, paragraph (5) of the National Labor Relations Act, 61 Stat. 137, 29 U.S.C.A. § 152, and Section 301 of the Labor Management Relations Act of 1947, 61 Stat. 156, 29 U.S.C.A. § 185. The plaintiff is engaged in representing employee members in collective bargaining with employers who are employed in the steel industry, including the defendant, Warrior & Gulf Navigation Company, a corporation having its principal place of business at Chickasaw, Alabama, within this District and engaged in transporting steel products through several Southern states as a contract carrier regulated by the Interstate Commerce Commission. The aforesaid activities of the plaintiff and the defendant affect commerce within the meaning of the statute above cited.

2. The plaintiff and the defendant are parties to a contract covering the maintenance employees, among others, at the Chickasaw terminal, dated September 25, 1956, and effective until midnight September 25, 1959, the pertinent portions of which read as follows:

"Section 10.
"Adjustment of Grievances.
"Issues which conflict with any Federal statute in its application as established by court procedure or matters which are strictly a function of management shall not be subject to arbitration under this section.
"Should differences arise between the Company and the Union or its members employed by the Company as to the meaning and application of the provisions of this Agreement, or should any local trouble of any kind arise, there shall be no suspension of work on account of such differences but an earnest effort shall be made to settle such differences immediately in the following manner:
"A. For Maintenance Employees:
"First, between the aggrieved employees, and the Foreman involved;
"Second, between a member or members of the Grievance Committee designated by the Union, and the Foreman and Master Mechanic "Third, between a member or members of the Grievance Committee and at the option of such committee a representative of the National Organization of the Union, and the Vice President;
"Fourth, between the representatives of the National Organization of the Union and the representatives of the Executives of the Company; and,
"Fifth, if agreement has not been reached the matter shall be referred to an impartial umpire for decision. The parties shall meet to decide on an umpire acceptable to both. If no agreement on selection of an umpire is reached, the parties shall jointly petition the United States Conciliation Service for suggestion of a list of umpires from which selection will be made. The decision of the umpire shall be final. The expense and salary incident to the services of the umpire shall be paid jointly by the Company and the Union.
* * * * * *
"Section 11.
"Management.
"The management of the Company and the direction of the working forces, including the right to hire, suspend or discharge for proper cause, or transfer, and the right to relieve employees from duty because of lack of work, or for other legitimate reasons, is vested exclusively in the Company, provided that this will not be used for purposes of discrimination against any member of the Union."

3. On August 22, 1958, a number of employees signed a grievance which was presented to the defendant by the plaintiff and which read as follows:

"We are hereby protesting the Company's actions, of arbitrarily and unreasonably contracting out work to other concerns, that could and previously has been performed by Company employees.
"This practice becomes unreasonable, unjust and discriminatory in lieu of the fact that at present there are a number of employees that have been laid off for about 1 and ½ years or more for allegedly lack of work.
"Confronted with these facts we charge that the Company is in violation of the
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9 cases
  • United Steelworkers of America v. Warrior and Gulf Navigation Company
    • United States
    • U.S. Supreme Court
    • June 20, 1960
    ...This suit was then commenced by the union to compel it.1 The District Court granted respondent's motion to dismiss the complaint. 168 F.Supp. 702. It held after hearing evidence, much of which went to the merits of the grievance, that the agreement did not 'confide in an arbitrator the righ......
  • Rochester Independent Workers, Local No. 1 v. General Dynamics Electronics Division
    • United States
    • New York Supreme Court
    • August 28, 1967
    ...strictly a function of management not limited in any respect by the labor agreement involved here' see United Steelworkers of America v. Warrior & Gulf Co., D.C., 168 F.Supp. 702, 705. In reversing, the Supreme Court held (p. 584, 80 S.Ct. p. 1353), in substance, that in the absence of a pr......
  • Rainey v. Missouri Utilities Co.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • April 5, 1979
    ...The union sued to compel use of the arbitration clause and the District Court granted respondent's motion to dismiss the complaint. 168 F.Supp. 702. The Fifth Circuit affirmed. 269 F.2d 633. The Supreme Court reversed. 363 U.S. 574, 80 S.Ct. 1347, 4 L.Ed.2d 1409. The arbitration clause was ......
  • Ass'n of Westinghouse Sal. Emp. v. Westinghouse E. Corp.
    • United States
    • U.S. Court of Appeals — Third Circuit
    • October 7, 1960
    ...of this Agreement * * * shall be submitted to arbitration * * *." 5 The district court in United Steelworkers of America v. Warrior & Gulf Navigation Co., D.C.S.D.Ala.1958, 168 F.Supp. 702, made a specific finding that the Union there had failed to gain by bargaining what it then sought by ......
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