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INTERNATIONAL CHEM. WKRS. v. OLIN MATHIESON CHEM.

February 7, 1962

INTERNATIONAL CHEMICAL WORKERS UNION, LOCAL #6, PLAINTIFF,
v.
OLIN MATHIESON CHEMICAL CORPORATION, DEFENDANT.



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.

Oral argument on the motion was conducted before this Court on January 4, 1962. For the purposes of decision on this motion, the Court finds the following facts based on the pleadings and affidavits heretofore submitted:

FINDINGS OF FACT

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 "pyrotechnic" work.

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, page 12):

    "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 rendered thereon.

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 arbitration.

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 provision:

    "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 ...

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