United Steelworkers v. Westinghouse Electric Corp.

413 Pa. 358
CourtSupreme Court of Pennsylvania
DecidedJanuary 23, 1964
DocketAppeal, No. 66
StatusPublished
Cited by22 cases

This text of 413 Pa. 358 (United Steelworkers v. Westinghouse Electric Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Steelworkers v. Westinghouse Electric Corp., 413 Pa. 358 (Pa. 1964).

Opinion

Opinion by

Mr. Justice Jones,

The main issues on this appeal are: (1) whether certain grievances submitted by the United Steelworkers of America, AEL-CIO (Union), to Westinghouse Electric Corporation (Westinghouse), are arbitrable under the terms of the parties’ collective bargaining agreement? (2) whether a state court has jurisdiction to compel arbitration of such grievances when such grievances are arguably within the jurisdiction of the National Labor Relations Board (Board) ?

Westinghouse operates Bettis Atomic Power Laboratory at two locations in Allegheny County. Both [360]*360Westinghouse and the Union are subject to the jurisdiction of the Board which, on June 18, 1959, certified the Union as the collective bargaining agent for the employees of Westinghouse’s works engineering department at both Bettis plants.

On November 6, 1959, Westinghouse and the Union entered into a collective bargaining agreement (the agreement) for a term ending December 1, 1963. Sometime thereafter, alleging that Westinghouse had violated the agreement by contracting out maintenance painting to employees outside the bargaining unit, the Union requested Westinghouse to submit the matter to arbitration, a request which Westinghouse refused. Later on, alleging that Westinghouse had required an employee, one Herbert Boczar, a plumber, to perform carpenter work, the Union requested Westinghouse to submit the matter to arbitration, a request which Westinghouse refused.

On January 22, 1962, the Union instituted an equity action in the Court of Common Pleas of Allegheny County against Westinghouse wherein the Union sought an order directing Westinghouse to arbitrate both disputes under the agreement. Eventually,1 Westinghouse filed an answer containing new matter to the Union’s complaint and, after a reply by the latter, the Union moved for judgment on the pleadings.

On November 16, 1962, the court entered judgment on the pleadings and directed that both disputes be submitted to arbitration. From that decree this appeal was taken.

Westinghouse’s contentions are three-fold: (1) that, on the posture of the record, judgment on the pleadings could not be entered; (2) that these disputes are not arbitrable under the provisions of the agreement; and (3) that the.state court lacked juris[361]*361diction to compel arbitration inasmuch as the Board had exclusive jurisdiction over these disputes.

The first contention goes to the right of the court below to enter judgment on the pleadings on the state of the record. Capsulized, Westinghouse urges that,even though the Union requests that the two complaints, called grievances, be submitted to arbitration, the complaint fails to attach the alleged written grievances and to aver that such complaints or grievances were processed in the course of the grievance procedure outlined in the agreement between the parties and, therefore, on the face of the record, there is no showing on the record that such complaints or grievances were either ripe for arbitration or arbitrable under the agreement. The thrust of this argument is that, absent the production of facts in proof that the grievance procedure was followed, the court below could not enter judgment on the pleadings.

The complaint (paragraphs 5, 6, 7 of the'first count and paragraphs 8, 9, 10 of the second count) avers that the Union discussed the grievances with' Westinghouse “through the steps provided in the agreement”, that an agreement in settlement of such grievances was not reached and that arbitration was requested and refused. Copies of the agreement and letters from Westinghouse in reference to such alleged grievances were attached to the complaint. By way of answer, Westinghouse admitted filing of the complaints or grievances by the Union, denied such complaints constituted “grievances” under the agreement (Section XXI, 1, (c)), admitted discussion of such complaints and its refusal to arbitrate such complaints. Neither in the answer nor new matter does Westinghouse aver that the processing of the complaints did not follow the grievance procedure outlined in the agreement.

We are in full agreement with the legal principles set forth by Westinghouse in respect to this conten[362]*362tion: (a) that arbitration is a matter of contract and that whether a party to a contract is bound to arbitrate and what issues, if any, are to be arbitrated are matters for the court to determine from the provisions of the contract (Sinclair Refining Co. v. Atkinson, 370 U.S. 195, 82 S. Ct. 1328; Steelworkers v. Warrior & Gulf Navigation Co., 363 U.S. 574, 80 S. Ct. 1347); (b) that only in cases clear and free from doubt may judgment be entered on the pleadings (Breckline v. Metropolitan Life Ins. Co., 406 Pa. 573, 577, 178 A. 2d 748; Baxter v. Philadelphia, 385 Pa. 424, 427, 123 A. 2d 634; Kittaning Coal Co. v. Moore, 362 Pa. 128, 66 A. 2d 273). The area of our disagreement lies in the application of such law to the instant factual situation.

Our inquiry under the pleadings is not whether the complaints or grievances presented by the Union were processed properly under the agreement; Westinghouse by its pleadings has foreclosed that issue. On the contrary, the issue raised by the pleadings is whether such complaints or grievances are arbitrable under the provisions of the contract and the determination of such issue requires the production of no additional facts to enable the court to act. In our opinion, the pleadings clearly and adequately present this issue in such manner that the court below properly decided that it could on the posture of the record determine whether judgment should be entered on the pleadings. In this respect, Westinghouse’s contention is without merit.

The next contention of Westinghouse is that neither of the two complaints or grievances presented by the Union are subject to arbitration under the provisions of the contract.

In considering this question, we bear in mind that the arbitration of labor disputes is not a matter of compulsion but a matter of contract and agreement between the parties and that, absent an agreement be[363]*363tween the parties to arbitrate an issue, no court can compel the parties to arbitrate that issue. Furthermore, in determining whether labor disputes are arbitrable or, indeed, in determining any issue in connection with collective bargaining agreements, we are bound to apply the substantive principles of federal labor law (Teamsters Local 174 v. Lucas Flour Co., 369 U.S. 95, 82 S. Ct. 571).

Under Section XXII, A,l, of the instant' agreement, the Union and Westinghouse agreed to submit to arbitration, upon the written request of either party, any grievance “involving action taken or a failure to act” which involved, inter alia, “the interpretation, application or violation of a provision of [the agreement], . . .

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

Related

Pittsburgh Logistics Systems, Inc. v. B. Keppel Trucking, LLC
153 A.3d 1091 (Superior Court of Pennsylvania, 2017)
Conneaut School Service Personnel Ass'n v. Conneaut School District
508 A.2d 1271 (Commonwealth Court of Pennsylvania, 1986)
Tp. of Moon v. POL. OFFICE. OF TP. OF MOON
498 A.2d 1305 (Supreme Court of Pennsylvania, 1985)
Commonwealth v. State Schools & Hospitals Federation of Teachers, Local 1830
488 A.2d 404 (Commonwealth Court of Pennsylvania, 1985)
Brennan v. General Accident Fire & Life Assurance Corp.
453 A.2d 356 (Superior Court of Pennsylvania, 1982)
Brennan v. GEN. ACC. FIRE & LIFE ASSUR.
453 A.2d 356 (Superior Court of Pennsylvania, 1982)
Green River Community College v. Higher Education Personnel Board
622 P.2d 826 (Washington Supreme Court, 1980)
Gordon v. Keystone Insurance
419 A.2d 730 (Superior Court of Pennsylvania, 1980)
Warwick School District v. Warwick Education Ass'n
74 Pa. D. & C.2d 295 (Lancaster County Court of Common Pleas, 1975)
Pensurdata, Inc. v. Fast & Accurate Data Recording
75 Pa. D. & C.2d 364 (Philadelphia County Court of Common Pleas, 1975)
Fischer v. Borsher
313 A.2d 311 (Superior Court of Pennsylvania, 1973)
Haddon Craftsmen, Inc. v. Bookbinders Local No. 97
281 A.2d 713 (Superior Court of Pennsylvania, 1971)
Aughenbaugh v. North American Refractories Co.
231 A.2d 173 (Supreme Court of Pennsylvania, 1967)
Schoellhammer's Hatboro Manor, Inc. v. Local Joint Executive Board
231 A.2d 160 (Supreme Court of Pennsylvania, 1967)
American Chain & Cable Co. v. Automotive & Aircraft Cable Workers Union
40 Pa. D. & C.2d 564 (Luzerne County Court of Common Pleas, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
413 Pa. 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-steelworkers-v-westinghouse-electric-corp-pa-1964.