Local 63, Textile Workers Union of America v. Cheney Bros.

141 Conn. 606
Supreme Court of Connecticut·Decided November 9, 1954·Published·Cited by 67 cases

Opinions

Inglis, C. J.

The judicial phase of the controversy between the parties to this appeal began on January 15, 1953, when the plaintiff, acting under § 8161 (d) of the General Statutes, applied to the Superior Court to vacate an arbitration award rendered against it and in favor of the defendant. The latter filed an answer and a cross application in which correction and confirmation of the award, as corrected, were sought. The court decided that the award ought to be vacated. From the judgment entered thereon the defendant has appealed.

[609]*609The finding, which is not subject to correction, recites the following facts: For many years, the defendant, hereinafter called the company, has operated a textile plant in Manchester and, since 1937, has recognized the plaintiff, hereinafter called the union, as the bargaining representative of its production and maintenance employees. Long-term agreements affecting the labor relations of the parties were successively concluded by them as of March 30, 1942, August 1, 1947, and August 1, 1952. All three agreements contained a provision permitting either party at any time to reopen the question of wages and to seek a revision of the previously established rates. It was further provided that, if the union objected to any request by the company for a reduction in wages, the differences between the parties were to be resolved by proceedings culminating, when necessary, in arbitration under the industrial arbitration rules of the American Arbitration Association.

On March 26, 1951, as a result of negotiations between the parties, the company gave a general wage increase to about 1600 employees. The increase did not affect about twenty engravers. The hourly rate employees, that is, those compensated on the basis of a definite amount of money for each hour worked, were now to receive a flat 9.75 cents an hour more. The rates of pay for all other employees except engravers were then computed so as to give them an increase comparable to the 9.75 cents per hour. Since the wages of pieceworkers were determined, not by the number of hours worked, but by the number of units produced during a given unit of time, the fixing of the many thousands of piece rates prevailing in the plant to conform to the increase of 9.75 cents in the hourly rate had to be done by intricate mathe[610]*610matical computation. The upshot of the wage increase of March 26,1951, was as follows: (1) Hourly rate employees, totaling 850, were to receive 9.75 cents an hour more; (2) 20 engravers were to get no additional pay; (3) “base rates” for pieceworkers, totaling 750, were fixed at an amount which would produce an average increase of 8.1 cents an hour; (4) the “hiring rate”1 was increased 6 cents an hour and affected 10 employees; (5) the “minimum rate”1 was increased 5 cents an hour and affected 40 employees. The increases thus granted represented an estimated average of 9.75 cents per hour for all the employees affected. In actuality, many received more and many less than this average. As a result of the various computations, however, the over-all increase described as 9.75 cents per hour was considered to be approximated for all employees involved.

As of the date the wage increase became effective, the parties incorporated into their bargaining agreement a cost-of-living “escalator” clause. A 1 cent quarterly wage adjustment, up or down, was automatically to follow every change of 1.153 points in the consumer price index of the United States bureau of labor statistics, but no adjustment which would reduce the rates of pay below those which were effective on March 26,1951, was to be made through this process.

On September 17,1952, the company proposed (1) a wage reduction to offset the increase granted on March 26, 1951, and (2) a revision of the escalator [611]*611clause. Both proposals were rejected. The company then asked the union to join in submitting the dispute to arbitration under the agreement, but the union refused to do so. On October 10, 1952, the company forwarded a written request for arbitration to the American Arbitration Association and sent a copy thereof to the union. The request was for the arbitration of two matters, expressed by the company in the following language:

“1. A direct wage decrease of 9 % cents per hour for all employees covered by the current agreement, to offset the wage increase which became effective on March 26, 1951.

“2. Revision of our cost of living formula (Section 9 of the current agreement) by providing for adjustment upon each change of 1.32 points in the applicable index instead of 1.153 points.”

In conformity with its rules, the American Arbitration Association selected an arbitrator who, on November 25 and 26, 1952, held hearings in which both the company and the union participated. At these hearings the arbitrator was not advised of the meaning of “hourly rates,” “base rates,” “piece rates,” “plant minimum rates” and “hiring minimum rates,” as those expressions were used by the company in its wage structure, nor was he told of the method by which the wage increase of March 26,1951, was computed and fixed for the various types of wage earners.

On December 28, 1952, the arbitrator made the following award:

“1. Beginning with the first payroll period which commences after December 31,1952, all hourly rates and base rates shall be reduced by 9.75 cents. Piece rates and plant hiring minimum rates shall be adjusted accordingly.

[612]*612“2. Beginning with, the first payroll period which commences after December 31,1952, Section 9 of the collective bargaining agreement between the parties dated August 1, 1952 shall be modified so as to provide for a 1 cent cost-of-living adjustment for every 1.32 index points’ change in the U. S. Bureau of Labor Statistics Consumers’ Price Index for Moderate Income Families in Large Cities, Old Series. The February 1951 Index of 184.2 shall continue to be used as the starting point in calculating changes in the cost of living. The effect of this will be to reduce the Cost-Of-Living Allowance payable for the current quarter from 7 cents to 6 cents per hour.”

Although the rules of the arbitration permitted but did not require it, the arbitrator delivered with the award, and stapled to it, a twenty-two page opinion. As directed in the first paragraph of the award, a reduction of 9.75 cents an hour in all “base rates,” as that expression is used and applied in the company’s wage system, would result in an average decrease of substantially 11.7 cents per hour in the actual earnings of pieceworkers. This decrease would affect 750 employees. Certain other facts found by the court will be mentioned when the legal claims advanced by the parties are discussed.

The problems presented by this appeal readily group themselves into two main divisions, of which one deals exclusively with the first, and the other with the second, paragraph of the award. The court concluded that the former was void because it went beyond the submission and, in any event, because it was not a final and definite answer to the question to which it purported to respond.

Early in our judicial history we expressed the view that, since arbitration is designed to prevent litigation, it commands much favor from the law. [613]*613Parmelee v. Allen, 32 Conn. 115, 116; see Mallory v.

Free access — add to your briefcase to read the full text and ask questions with AI

Local 63, Textile Workers Union of America v. Cheney Bros., 141 Conn. 606 (Colo. 1954).

141 Conn. 606 (Local 63, Textile Workers Union of America v. Cheney Bros.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Lund-Ross Constructors v. Duke of Omaha
33 Neb. Ct. App. 73 (Nebraska Court of Appeals, 2024)
Comprehensive Orthopaedics & Musculoskeletal Care, LLC v. Axtmayer
980 A.2d 297 (Supreme Court of Connecticut, 2009)
Coldwell Banker Manning Realty, Inc. v. Cushman & Wakefield
980 A.2d 819 (Supreme Court of Connecticut, 2009)
Bridgeport City Supervisors' Ass'n v. City of Bridgeport
952 A.2d 1248 (Connecticut Appellate Court, 2008)
Bridgeport Fire Fighters Local 998 v. City of Bridgeport
940 A.2d 868 (Connecticut Appellate Court, 2008)
Alexson v. Foss
887 A.2d 872 (Supreme Court of Connecticut, 2006)
State v. New England Health Care Employees Union, District 1199
830 A.2d 729 (Supreme Court of Connecticut, 2003)
National Ass'n of Government Emp. v. Bridgeport, No. 0385148 (Feb. 7, 2003)
2003 Conn. Super. Ct. 2205 (Connecticut Superior Court, 2003)
International Brother. v. New Milford, No. Cv 01 0084682s (Dec. 11, 2002)
2002 Conn. Super. Ct. 15877 (Connecticut Superior Court, 2002)
Lurrae v. Lupone, No. Cv0446200s (Nov. 8, 2002)
2002 Conn. Super. Ct. 14397 (Connecticut Superior Court, 2002)
Young v. Arroyo, No. Cv 99-0589163s (Oct. 2, 2002)
2002 Conn. Super. Ct. 12485 (Connecticut Superior Court, 2002)
Rocky Hill Teachers' Ass'n v. Board of Education
804 A.2d 999 (Connecticut Appellate Court, 2002)
Lasalla v. Doctor's Associates, No. Cv00-0071161s (Jun. 7, 2002)
2002 Conn. Super. Ct. 7241 (Connecticut Superior Court, 2002)
Subway Development v. Doctor's Assoc., No. Cv00-0071160 (May 28, 2002)
2002 Conn. Super. Ct. 6736 (Connecticut Superior Court, 2002)
Board of Education of East Haven V. East Haven Education Ass'n
784 A.2d 958 (Connecticut Appellate Court, 2001)
Pratt v. Hong, No. Cv 00-0801515 (Aug. 16, 2001)
2001 Conn. Super. Ct. 12190 (Connecticut Superior Court, 2001)
D & E Construction Co. v. Robert J. Denley Co.
38 S.W.3d 513 (Tennessee Supreme Court, 2001)
Housing Authority v. Local 1303-260, Council 4
746 A.2d 217 (Connecticut Appellate Court, 2000)
Industrial Risk v. Hartford Steam Boiler, No. Cv-99-0585438 (Apr. 29, 1999)
1999 Conn. Super. Ct. 4086 (Connecticut Superior Court, 1999)
State v. AFSCME, Council 4, Local 1565
713 A.2d 869 (Connecticut Appellate Court, 1998)