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LOCAL 189, ETC. v. SCOT LAD FOODS

April 29, 1981

LOCAL 189, SERVICE EMPLOYEES UNION, PLAINTIFF,
v.
SCOT LAD FOODS, INC., DEFENDANT.



The opinion of the court was delivered by: Shadur, District Judge.

MEMORANDUM OPINION AND ORDER

Local 189, Service Employees Union ("Union") brought this action to compel Scot Lad Foods, Inc. ("Scot Lad") to arbitrate a labor dispute. Scot Lad has counterclaimed seeking tripartite arbitration among Scot Lad, Union and Teamsters Locals 705 and 710 (collectively "Teamsters"). Several motions are now before this Court:

(1) Union's motion for summary judgment on its complaint;

(2) Union's motion to dismiss the counterclaim;

  (3) Scot Lad's motion for summary judgment on its
      counterclaim;
  (4) Scot Lad's motion to dismiss the complaint under
      Fed.R.Civ.P. ("Rule") 12(b)(7) for failure to join
      indispensable parties; and
  (5) Scot Lad's alternative motion for an order joining
      Teamsters in this action.

For the reasons stated in this memorandum opinion and order each of Union's motions is granted and each of Scot Lad's motions is denied.

Facts

Scot Lad operates a wholesale food distributorship in Lansing, Illinois. Three different unions represent its employees: Union represents plant guard and security personnel, Teamsters Local 705 represents local truck drivers and Teamsters Local 710 represents long distance truck drivers.

Scot Lad's delivery trucks use a tachograph, a device that records the operating time of a truck. Before a truck leaves its Lansing facility a disc is placed in the tachograph, the timer is wound and the device is sealed. Upon the truck's return the seal is broken and the disc removed.

This action stems from Scot Lad's having reassigned the task of inserting and removing the discs, previously performed by Teamsters members, to members of Union. Union objected that Scot Lad cannot require Union's members to handle tachographs under their present collective bargaining agreement (the "Contract").*fn1 It invoked the grievance procedures under Article 6 of the Contract:

  Should any differences, disputes or complaints arise over the
  interpretation or application of the contents of this
  Agreement, there shall be an earnest effort on the part of both
  parties to ...

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