Brampton Woolen Co. v. Local Union

• Court: Supreme Court of New Hampshire
• Writing for the Court: BLANDIN, Justice.
• Citation: 61 A.2d 796
• Parties: BRAMPTON WOOLEN CO. v. LOCAL UNION 112 et al.
• Decision Date: 03 November 1948

61 A.2d 796

BRAMPTON WOOLEN CO.
v.
LOCAL UNION 112 et al.

Supreme Court of New Hampshire.

Nov. 3, 1948.

Transferred from Superior Court, Sullivan County; Wheeler, Judge.

Bill in equity by Brampton Woolen Company against Local Union 112 and another to enjoin defendants from proceeding with arbitration of allegedly non-arbitrable issues and for a judicial determination that plaintiff is not obligated under a collective bargaining contract to arbitrate. From an order overruling defendants' demurrer after the issuance of a temporary injunction, defendants excepted and the case was transferred to the Supreme Court.

Injunction dissolved and bill dismissed.

Bill in equity, for injunctive relief against a labor union and others to prevent the union from proceeding with arbitration of allegedly non-arbitrable disputes and for a judicial determination that the plaintiff is not obligated under a collective bargaining contract to arbitrate the disputes involved. After the issuance of a temporary injunction, ex parte, the defendants filed a demurrer, to the overruling of which they excepted, and the case was transferred. During the oral arguments before this court counsel agreed to waive certain claims and to submit only the questions of whether the demurrer was properly overruled and whether the dispute about vacation pay was arbitrable under the contract.

The agreement, which is a part of the reserved case, is signed by the negotiating committee and general representative of the union and the agent of the plaintiff company. It contains fifteen articles under separate headings, certain significant ones being: Article III. ‘Minimum Wages', Article IV, ‘Vacations and Vacation Pay’ and Article VI, ‘Adjustment of Grievances', covering arbitration. Further facts appear in the opinion. Transferred by Wheeler, J.

61 A.2d 797

McLane, Davis, Carleton & Graf, and Stanley M. Brown, all of Manchester, for plaintiff.

Jacob M. Shulins, of Newport, for defendants.

BLANDIN, Justice.

The court has jurisdiction to determine whether the dispute is arbitrable. Belding Hemingway Company v. Wholesale & Warehouse Workers' Union, Local 65, C.I.O., 295 N.Y. 541, 68 N.E.2d 681; International Association of Machinists, Dist. No. 15, Local No. 402 v. Cutler-Hammer, Inc., 297 N.Y. 519, 74 N.E.2d 464; see also Burleigh v. Ford, 59 N.H. 536, 539. Furthermore the plaintiff's legal remedy is clearly inadequate, and the demurrer was properly overruled. It was faced with a choice of refusing...