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Oil v. American Maize Products Co.

decided: January 28, 1974.

OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, AFL-CIO, AND LOCAL 7-210, OIL, CHEMICAL AND ATOMIC WORKERS INTERNATIONAL UNION, AFL-CIO, UNINCORPORATED LABOR ORGANIZATIONS, PLAINTIFFS-APPELLANTS,
v.
AMERICAN MAIZE PRODUCTS COMPANY, DEFENDANT-APPELLEE



Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. No. 72 H 225 GEORGE N. BEAMER, Judge.

Swygert, Chief Judge, Kiley, Senior Circuit Judge, and Sprecher, Circuit Judge.

Author: Sprecher

SPRECHER, Circuit Judge.

The plaintiff-unions have appealed from the granting of defendant-employer's motion for summary judgment in an action which the unions brought under Section 301(a) of the Labor Management Relations Act, 29 U.S.C. ยง 185,*fn1 to compel the employer to arbitrate a grievance under the terms of a collective bargaining agreement.*fn2

The collective bargaining agreement between the parties, effective August 1, 1970, set forth the terms and conditions of employment of 481 employees in the bargaining unit at the employer's Roby, Indiana, plant. The agreement provided a procedure for processing grievances (Article IX) and for submission to final and binding arbitration of all unsettled grievances (Article XII). Article XIII provided:

"The Company agrees that during the term of this Agreement there shall be no lockouts.

"The Union agrees that during the term of this Agreement there shall be no strikes, slowdowns, or work stoppages for any reason whatsoever."

Article XXIII provided:

"This Agreement shall be effective upon the day of its execution and shall continue in effect, subject to the provisions of the Article on Contract Reopening, until August 1, 1972, and thereafter unless and until sixty (60) days' prior written notice is given by either party that it desires to amend or terminate this Agreement. Sixty (60) days prior to August 1, 1972, or any time thereafter by giving sixty (60) days' notice either party hereto may give notice as follows:

"(a) To amend certain sections or articles of this Agreement, only, or

(b) To terminate the entire Agreement.

"In the event notice is given to amend only this Agreement, except Article XIII concerning strikes and lockouts, shall continue to be in full force and effect. In the event no agreement can be reached on the Articles and Sections sought to be amended, the Union shall have the right to strike.

"In the event notice is given to terminate, the entire Agreement shall be void and of no effect as of the ...


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