International Molders & FWU v. Susquehanna Cast. Co., 13287.
| Decision Date | 07 October 1960 |
| Docket Number | No. 13287.,13287. |
| Citation | 283 F.2d 80 |
| Parties | INTERNATIONAL MOLDERS AND FOUNDRY WORKERS UNION OF NORTH AMERICA, Local 239, AFL-CIO, by Wilmer Sheckard, District Representative and Trustee ad Litem v. SUSQUEHANNA CASTING CO., Inc., Wrightsville, Pennsylvania, Appellant. |
| Court | U.S. Court of Appeals — Third Circuit |
Horace E. Smith, York, Pa. (Thomas H. Reed, York, Pa., on the brief), for appellant.
Richard H. Markowitz, Philadelphia, Pa. (Richard Kirschner, Wilderman & Markowitz, Philadelphia, Pa., on the brief), for appellee.
Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.
This case concerns the obligation of an employer to arbitrate a difference with a union which arises out of the contract between them. The Union applied to the district court for an order to arbitrate and that order was granted together with an opinion filed by the district judge. D.C.M.D.Pa.1960, 184 F.Supp. 543.
The Union's grievance consists of the discharge of some thirty employees by the Company. Under Article IV of the contract the right to discharge for "proper cause" is vested in the Company. The Union's claim, which it wishes arbitrated, is that the discharge was not for proper cause. The Company says, however, that the no-strike provision which appears in Article V of the contract was violated and, therefore, the discharge was proper, that the Union broke the contract and no arbitration can be properly called for.
The arbitration provision is in Article V of the contract. It provides for the steps for arbitration of "disputes or grievances."
The fact that the Company alleges that there was a violation of the contract by the Union quite clearly does not relieve it from the responsibility of arbitrating the propriety of the discharges here in question. As pointed out by the Supreme Court in United Steelworkers of America v. Warrior & Gulf Navigation Co., 1960, 363 U.S. 574, 578-581, 80 S.Ct. 1347, 4 L.Ed.2d 1409, we must not confuse the scope of the labor-management contract with rules applicable to commercial contracts however well settled in that area.
There certainly was a grievance in this instance, namely, the discharge of thirty men claimed by the Union not to be a proper one. It is admitted by the Union that on one day some men did leave their work for at least a portion of a day. Whether that leaving was justified by the circumstances is a question for the arbitrator. If it was not...
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...so-called "tight" or "loose" rates. The result reached here is supported by two decisions of this court. In International Molders Union v. Susquehanna Casting Co., supra, we held arbitrable the discharge of thirty employees because of their alleged breach of a no-strike clause. The company ......
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...or altering any of the terms of the Contract. His award has not violated that Article. See International Molders and Foundry Workers Union v. Susquehanna Casting Co., 283 F.2d 80 (C.A. 3, 1960). All the Arbitrator held was that while any employees engaged in a strike or picketing were subje......