Printing Specialties & Paper Products Union Local 777 v. Litton Financial Printing Co.

Charging uncertainty and waiver, Litton Financial Printing Co. (Litton) appeals from a trial court’s order confirming a labor arbitrator’s award. For the reasons following, we uphold its judgment, find the arbitrator retains jurisdiction to determine the amounts due under his award, and order remand for such determination.

Background

Printing Specialties and Paper Products Union, Local 777 (Union) and Litton have been parties to a collective bargaining agreement since October 6, 1974. In February 1977, a dispute arose between the two concerning the use of nonbargaining unit employees doing work which was, apparently, covered within the agreement. Pursuant to the agreement the matter was arbitrated and the arbitrator found in Union’s favor.

His final award reads in relevant part: “The Company [Litton] having violated Section 29 of the collective bargaining agreement in February, 1977, the grievance is hereby sustained. The Company is directed to make whole those employees who would have performed the inventory work at that time, but for the Company’s violation of the contract.”

Since, however, there was insufficient evidence before him to determine the identity of…