Los Angeles Local Joint Executive Board of Culinary Workers & Bartenders v. Stan's Drive-Ins, Inc.

Appeal from a judgment entered on an order confirming an award of arbitrators and denying a motion to vacate the award.

On January 15, 1952, appellant Stan’s Drive-Ins, called Stan’s, Clock Drive-Ins, and McDonnell’s Drive-Ins entered into a written contract with respondent, called Union, providing, among other things, for the terms and conditions of employment of Stan’s union employees for a period of four years with provisions for extensions. Attached to the contract and made a part of it was a document designated ‘ ‘ Schedule A.” “Schedule A,” described as the “Wage Section,” set up the wages to be paid per day to Stan’s union employees in various classifications and an employer-paid health and welfare plan. The contract provided that “either the whole or part of 1 Schedule A’ may be re-opened for negotiations by either party giving written notice to the other of such action thirty (30) days prior to January 15th of any year. Such negotiations shall be subject to the provisions of Section 15 hereof. Such requests for re-opening are to concern only those items set forth in ‘ Schedule A. ’ ” Section 15 provided that “Any dispute arising in connection with the annual negotiations…