International Brotherhood of Teamsters, Local Union No. 677 v. Trudon & Platt Motor Lines, Inc.

147 A.2d 484, 146 Conn. 17, 1958 Conn. LEXIS 260
CourtSupreme Court of Connecticut
DecidedDecember 16, 1958
StatusPublished
Cited by20 cases

This text of 147 A.2d 484 (International Brotherhood of Teamsters, Local Union No. 677 v. Trudon & Platt Motor Lines, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Brotherhood of Teamsters, Local Union No. 677 v. Trudon & Platt Motor Lines, Inc., 147 A.2d 484, 146 Conn. 17, 1958 Conn. LEXIS 260 (Colo. 1958).

Opinions

Mellitz, J.

The plaintiff brought an application for an order confirming two labor arbitration awards in accordance with Gfeneral Statutes § 8160. From a judgment confirming the awards, the defendant has appealed.

The following facts are not disputed: On October 27, 1953, the parties entered into a collective bargaining agreement which was to govern their dealings between April 11, 1953, and April 11, 1955, and was subject to renewal. The agreement provided for the establishment of an arbitration committee, composed of an equal number of employer representatives and union representatives, to handle “[a]ny dispute that cannot be adjudicated between the Employer and the Union . . . the decision of the Committee to be final and binding on both parties.” On February 15, 1955, the grievance committee rendered a decision dealing with a claim made by Thomas Tyndall, an employee of the defendant. Another dispute between the parties arose concerning Tyndall and Edward Fox, also an employee, and on April 4, 1955, they were discharged. As a result, the defendant’s employees engaged in a work stoppage which lasted until April 22, on which date all, except [19]*19Tyndall and Fox, returned to work. On April 13, the defendant sent a letter to the plaintiff, and on April 18 a letter to the general arbitration committee, requesting arbitration concerning the discharges. On June 1, the plaintiff asked for arbitration regarding not only the discharges but also the rate to be paid Tyndall, claiming a violation of a provision of the agreement. The secretary of the arbitration committee advised the parties that owing to current contract negotiations the exact date of the next hearings had not been determined and that they would be informed of the date later. Another dispute arose concerning the termination of employment of Rocco Guerra on July 20, 1955. On August 11, the plaintiff requested a hearing of this case by the arbitration committee. On October 17, the parties were notified by the arbitration committee that there would be no hearings during the month of October. On November 15, they were notified that a hearing of the three cases would be held on November 21. On November 18, the defendant wrote the arbitration committee: “ [W] e will not be present as the contract has expired.” This letter was received on the date of the scheduled hearing. Although the defendant did not appear, the hearings proceeded as scheduled, written awards were made, and the parties were notified. The defendant failed to comply with either award. It is these awards which the plaintiff seeks to have confirmed.

The defendant attacks the validity of the awards and the action of the trial court in confirming them on the ground that the arbitrators were without authority to act in either dispute. In the controversy involving Fox and Tyndall, the defendant contends that the strike begun on April 4, 1955, was a material breach of the agreement which either [20]*20terminated the agreement or constituted sufficient ground to warrant nonperformance by the defendant of the arbitration obligations. This contention fails to take into account the broad character of the arbitration clause which the parties incorporated in their agreement. By its terms, they gave the arbitration committee authority to handle “[a]ny dispute that cannot be adjudicated between the Employer and the Union” and agreed that the decision of the committee was to be final and binding on both parties. It was an all-inclusive and unrestricted submission to arbitration of all disputes and disagreements which might arise between the parties and an agreement to accept as final and binding the decision of the arbitrators. In Liggett v. Torrington Building Co., 114 Conn. 425, 430, 158 A. 917, where there was a submission of similar import, we said that it was “plain that the parties intended to submit to the arbitrators for decision all questions of law and fact arising out of the contract.” Parties who set up their own private tribunal must be bound by the limits they themselves have fixed. Pratt, Read & Co. v. United Furniture Workers, 136 Conn. 205, 209, 70 A.2d 120. Moreover, even if it were found that the agreement was terminated, the parties would not be relieved of the obligation to arbitrate a dispute which arose while the agreement was in force. Batter Building Materials Co. v. Kirschner, 142 Conn. 1, 10, 110 A.2d 464; Matter of Lane (Endicott Johnson Corporation), 274 App. Div. 833, 834, 80 N.Y.S.2d 639, aff’d, 299 N.Y. 725, 87 N.E.2d 450. Admittedly, when the dispute with Fox and Tyndall arose the agreement between the parties was in effect.

The agreement included an unrestricted submission to arbitration of all unresolved disputes and a [21]*21provision that the decision of the arbitrators should be final and binding as to all matters properly within the submission. Schoolnick v. Finman, 108 Conn. 478, 481, 144 A. 41. By the terms of the submission, the decision of all issues raised as a result of the acts of the parties was lodged exclusively within the jurisdiction of the arbitrators. Liggett v. Torrington Building Co., supra; Matter of Lipman (Haeuser Shellac Co.), 289 N.Y. 76, 80, 43 N.E.2d 817. Included in the submission were the issues raised by the defendant: whether the act of the plaintiff in conducting a strike was a material breach of the contract, and the effect of this occurrence on the rights and obligations of the parties. The basic test of the validity of an award of arbitrators lies in its conformity to the submission. New Britain Machine Co. v. Lodge 1021, 143 Conn. 399, 404, 122 A.2d 786. The award of the arbitrators in the dispute involving Fox and Tyndall was final and binding on the parties unless it was vulnerable on any of the grounds set forth in General Statutes §§ 8161-8163. No claim of this nature has been established by the defendant, and the plaintiff was entitled, under § 8160, to an order confirming this award.

In the dispute relating to Guerra, the position of the defendant is that the dispute arose on July 20, 1955, that the contract had expired on April 11, 1955, and that the defendant therefore was under no obligation to arbitrate. It is fundamental that the foundation for a valid arbitration proceeding is the existence of an agreement by the parties to abide by an award made in conformity with the submission. Schoolnick v. Finman, supra. Such an agreement for the submission of issues to arbitrators constitutes the charter of the entire arbitration proceedings, and defines and limits the issues to be de[22]*22cided by the arbitrators. Amalgamated Assn. v. Connecticut Co., 142 Conn. 186, 191, 112 A.2d 501.

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Bluebook (online)
147 A.2d 484, 146 Conn. 17, 1958 Conn. LEXIS 260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-brotherhood-of-teamsters-local-union-no-677-v-trudon-conn-1958.