Office & Professional Employees Union, Local 29 v. Sea-Land Service, Inc.

This is an appeal from an order denying a petition to compel arbitration.

There is no dispute as to the relevant facts. Appellant Office and Professional Employees Union, Local 29 and respondent Sea-Land Service, Inc., are parties to a collective bargaining agreement which has been operative at all times pertinent to this dispute. The agreement provides a procedure to adjust grievances culminating in binding arbitration.

On October 20, 1976, Ray Jacobs, an office clerical employee, was suspended for 30 days for alleged insubordination. Mr. Jacobs, upon receiving notice of his suspension, filed a grievance pursuant to the collective bargaining agreement. In a letter dated October 21, 1976, Mr. Jacobs withdrew the grievance “without prejudice” because of his unavailability to attend the required meeting to consider his grievance. Upon his return to work on November 22, 1976, Mr. Jacobs refiled the same grievance. Respondent, however, took the position that the withdrawal of the first grievance constituted a final, binding resolution of the matter.

Respondent has indicated its willingness to arbitrate the question of whether the grievance was still arbitrable but not the…