The opinion of the court was delivered by: Poos, District Judge.
This is an action by International Chemical Workers Union,
Local #6, Plaintiff, against Olin Mathieson Chemical
Corporation, Defendant, for breach of a collective bargaining
agreement. Defendant filed its answer, and thereafter, filed
a motion for summary judgment pursuant to Rule 56, Fed.Rules
of Civ.Proc. (28 U.S.C.). Attached to said motion was an
affidavit, together with certified copies of two decisions of
the National Labor Relations Board. Plaintiff then filed a
"Motion In Opposition To Defendant's Motion For Summary
Judgment" and submitted a copy of another order of the
National Labor Relations Board.
1. Plaintiff has been certified by the National Labor
Relations Board as the exclusive bargaining agent for certain
persons employed by Defendant.
2. District No. 9, International Association of Machinists
(not a party to this action), has been certified by the
National Labor Relations Board as the exclusive bargaining
agent of certain other persons employed by Defendant.
3. On January 25, 1961, Defendant commenced to perform
certain "pyrotechnic" work in the Detonator Department of its
manufacturing plant at East Alton, Illinois.
4. Employees who were represented by District No. 9,
International Association of Machinists, were assigned by
Defendant to perform said work.
5. Pursuant to the provisions of the collective bargaining
agreement between Plaintiff and Defendant dated December 1,
1958, Plaintiff filed a written grievance with Defendant
alleging, inter alia, that Defendant was required to assign
employees represented by Plaintiff to perform this
6. The collective bargaining agreement (hereinafter called
"The Agreement") entered into between Plaintiff and Defendant
dated December 1, 1958 defines a grievance as follows (Part B,
"Section 1. A grievance is any dispute or
difference of opinion between the Company and an
Employee regarding the application and
interpretation of this Agreement."
Part C of The Agreement provides, inter alia, that grievances
that cannot be resolved by agreement between the parties shall
be submitted to an arbitrator for a binding decision to be
7. Defendant refused to assign employees who were members of
Plaintiff to do the said pyrotechnic work and further advised
Plaintiff that it was not willing to process the matter as a
grievance, because it did not involve either application or
interpretation of The Agreement. Pursuant to Part C of said
The Agreement, Plaintiff requested the Defendant to arbitrate
the matter, but Defendant refused to submit the said matter to
8. The matter which the Plaintiff sought to arbitrate was
the question of whether, by failing to assign employees
represented by Plaintiff to do the said "pyrotechnic" work,
Defendant breached an agreement containing the following
"3. As to new operations at the East Alton
plant, the Company shall recognize the
International Chemical Workers' Union, Local #6,
as bargaining representative for Employees
engaged in the manufacture of explosives or other
chemicals, in research work in ...