INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL-CIO v. HAYES CORPORATION, 18946
| Decision Date | 19 April 1963 |
| Docket Number | 18947.,No. 18946,18946 |
| Citation | 316 F.2d 90 |
| Parties | INTERNATIONAL ASSOCIATION OF MACHINISTS, AFL-CIO, and Its Local Lodge No. 2003, Appellant, v. The HAYES CORPORATION, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Thomas N. Crawford, Jr., Jerome A. Cooper, Birmingham, Ala., for appellant.
J. Asa Rountree, Drayton T. Scott, Birmingham, Ala., for appellee.
Before RIVES, CAMERON and BROWN, Circuit Judges.
The Employer's petition for rehearing acquiescing in our decision on the question of arbitrability, vigorously attacks the holding on the second point as to the procedural timeliness of the demand for arbitration. 5 Cir., 296 F.2d 238, at 243, 244.
Reconsideration is persuasive that as was true in Southwestern Electric Power Co. v. Electrical Workers, Local 738, 5 Cir., 1961, 293 F.2d 929, the Employer's actions constituted an absolute "unwillingness * * * to recognize the Union's claim as a grievance * * * covered by the arbitration clauses of the contract." The Employer's "* * * repudiation of arbitration as a means of determining the dispute was unequivocal."
From the beginning to the end the Employer flatly refused to entertain this controversy as a subject of the grievance machinery culminating in arbitration. No formal action, as prescribed in the contract, was ever taken by the Employer on the grievance forms themselves. Save for the Union's signature, they remained blank. The Employer refused to accept the grievance claims and "returned" them to the Union. They "* * * were refused by Sup. of Employee Relations." And when the Union made "delivery of these grievances * * *" in the unsuccessful effort to invoke grievance machinery, the Supervisor of Employee Relations November 27, 1959, "* * * informed the union that * * * they were not subject to the grievance procedure of the basic labor contract." And on December 2, 1959, at a third step grievance meeting between the Employer and the Union, the Supervisor of Employee Relations "stated to representatives of the union that the discharges * * * were directed by the Government and that they were therefore not subject to the grievance procedure of the basic labor contract."
Although Step 3 of the contract Grievance Procedure (see note 4, 296 F.2d 238, 240) prescribed that "the Director of Industrial Relations * * * shall render a decision in writing within five (5) working days after adjournment of the meeting," no such written decision was ever rendered. In Case No....
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