Sunnyvale Westinghouse Salaried Employees Association and Federation of Westinghouse Independent Salaried Unions v. Westinghouse Electric Corporation

Third Circuit

Sunnyvale Westinghouse Salaried Employees Association and Federation of Westinghouse Independent Salaried Unions v. Westinghouse Electric Corporation

276 F.2d 927, 45 L.R.R.M. (BNA) 3071, 1960 U.S. App. LEXIS 4926

CourtCourt of Appeals for the Third Circuit

DecidedApril 7, 1960

Docket13075

StatusPublished

This text of 276 F.2d 927 (Sunnyvale Westinghouse Salaried Employees Association and Federation of Westinghouse Independent Salaried Unions v. Westinghouse Electric Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sunnyvale Westinghouse Salaried Employees Association and Federation of Westinghouse Independent Salaried Unions v. Westinghouse Electric Corporation, 276 F.2d 927, 45 L.R.R.M. (BNA) 3071, 1960 U.S. App. LEXIS 4926 (3d Cir. 1960).

Pincite

Opinion

PER CURIAM.

This dispute between employer and representatives of the employees concerns the arbitrability of a job grievance under their current collective bargaining agreement. The grievance asserted is that the person in the job was required to do “group leading” without being given group leader pay and a claim was made for such pay.

Chief Judge Gourley in an exhaustive opinion 1 found that the parties after a thorough trial period of approximately six months had agreed upon a classification of the job. That consisted of an appropriate job title, “yard office clerk”; evaluating the elements of the job and fixing a salary rate. There was the further finding that since then there had been no change in the duties of the position. The court rightly concluded that the problem before it was clearly a wage and job classification problem which was not subject to arbitration under the bargaining agreement between the parties.

The order of the district court will be affirmed.

1

. Sunnyvale Westinghouse Salaried Employees Association v. Westinghouse Electric Corporation, D.C.W.D.Pa.1959, 175 F.Supp. 685.

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PER CURIAM.

This dispute between employer and representatives of the employees concerns the arbitrability of a job grievance under their current collective bargaining agreement. The grievance asserted is that the person in the job was required to do “group leading” without being given group leader pay and a claim was made for such pay.

Chief Judge Gourley in an exhaustive opinion 1 found that the parties after a thorough trial period of approximately six months had agreed upon a classification of the job. That consisted of an appropriate job title, “yard office clerk”; evaluating the elements of the job and fixing a salary rate. There was the further finding that since then there had been no change in the duties of the position. The court rightly concluded that the problem before it was clearly a wage and job classification problem which was not subject to arbitration under the bargaining agreement between the parties.

The order of the district court will be affirmed.

1

. Sunnyvale Westinghouse Salaried Employees Association v. Westinghouse Electric Corporation, D.C.W.D.Pa.1959, 175 F.Supp. 685.

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276 F.2d 927, 45 L.R.R.M. (BNA) 3071, 1960 U.S. App. LEXIS 4926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sunnyvale-westinghouse-salaried-employees-association-and-federation-of-ca3-1960.

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