Before SCHNACKENBERG, KNOCH and CASTLE, Circuit Judges.
This is an action brought under § 301 of the Labor-Management Relations Act, 29 U.S.C.A. § 185 to compel arbitration under the provisions of a collective bargaining agreement. Independent Petroleum Workers of America, Inc., plaintiff, filed a complaint in the District Court seeking to compel the Standard Oil Company, defendant, to join in submitting to arbitration two grievances concerning the performance of maintenance and repair work by an independent contractor. The complaint was later amended to ask similar relief with respect to an additional dispute involving the seniority of an employee.
The issue relating to the maintenance and repair work was submitted on the pleadings and a stipulation of facts. Both parties moved for summary judgment on the issue relating to seniority rights. The District Court found for and entered judgment in favor of the defendant in so far as the maintenance and repair work dispute was concerned and the plaintiff appealed. Plaintiff's motion for summary judgment was granted and judgment entered for plaintiff ordering the defendant to join in the submission of the seniority rights dispute to arbitration. Defendant appealed as to this judgment.
The contested issue involved in both appeals is whether the respective grievance or dispute is one with respect to which the parties in their collective bargaining agreement have agreed to arbitration.
The agreement provides for the arbitration of unsettled grievances. Section 10 then imposes limitations on arbitration which, in so far as here pertinent, provide:
"A. Questions which may be referred to arbitration shall be limited to:
1. Questions directly involving or arising from applications, interpretations or alleged violations of the terms of this agreement.
2. Questions directly involving or arising from applications, interpretations, or alleged violations of the terms of arbitration awards and written agreements not incorporated in this Agreement.
3. Questions of applications or interpretations of or alleged noncompliance with past policies, practices, customs or usages relative to working conditions, and grievances arising from:
(a) the modification by the Company of any of said policies, practices, customs and usages, or
(b) the discontinuance by the Company of any of said policies, practices, customs and usages, or
(c) the establishment by the Company of new policies, practices, customs or usages during the term of this Agreement."
The plaintiff contends that the grievances concerning performance of maintenance and repair work by an independent contractor are arbitrable under the provisions of Section 10A.(3) of the agreement ...