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Pietro Scalzitti Co. v. International Union of Operating Engineers

October 7, 1965

PIETRO SCALZITTI COMPANY, PLAINTIFF-APPELLANT
v.
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 150, DEFENDANT-APPELLEE



Hastings, Chief Judge, and Duffy and Castle, Circuit Judges.

Author: Hastings

HASTINGS, Ch. J.:

Pietro Scalzitti Company brought this action in the district court against International Union of Operating Engineers, Local No. 150. The complaint was grounded on Section 301 of the Labor Management Relations Act of 1947, 29 U.S.C.A. ยง 185, as amended (Act). Company seeks to recover damages for expenses and losses claimed to have resulted from an alleged breach of a no-strike clause in the collective bargaining agreement between Company and Union.

Company appeals from an order of the district court sustaining Union's motion to stay the proceedings pending arbitration of the issues raised in the complaint.

Company and Union entered into a written agreement on July 15, 1963, specifically adopting the terms and conditions of a collective bargaining agreement dated February 1, 1963.

The agreement provided in Article I, Section 4(F):

"Notice on Leaving Job -- No employee shall leave his job without giving due notice to his Employer and the Union."

and provided in Article I, Section 6:

"Work Stoppage -- There shall be no stoppage of work by the Union officers and business representatives until all of the procedures set forth in the foregoing Section 5, Article I, have been exhausted."

The agreement contained the following provisions for settlement of grievances:

"(A) Grievances and Arbitration -- Whenever any difference or dispute shall arise as to interpretation or application of the terms of this Agreement, such dispute or difference shall be resolved in the following order:

(1) In conference between the business agent and the designated representative of the employer.

(2) In the event the dispute cannot be so resolved within twenty-four hours, it shall then be referred to conference between designated officers of the Union and the Associations.

(3) Unless so resolved within forty-eight hours, the matter shall then be submitted to a Board of five arbitrators, who shall commence the Arbitration talks within 48 hours after they have received notice of complaint. Two to be selected by the Union, two to be selected by the Associations, and the fifth to be chosen by the four so selected. Upon the failure to so select a fifth arbitrator within 48 hours, the ...


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