Broadway-Hale Stores, Inc. v. Retail Clerks Union

Appeal from an order and judgment confirming and enforcing the award of an arbitrator under a collective bargaining agreement. It is claimed by appellant employer that the question involved is not arbitrable under the agreement, that the arbitrator exceeded his powers, that he did not make a mutual, final and definite award, and that the court had no jurisdiction to confirm the award. We are affirming the judgment.

The pertinent provisions of the agreement are these:

The mechanics of arbitration are also set out, and there is also a “no strike” clause.

On June 10, 1959, the union gave notice under section IY. Negotiations were held, but no agreement was reached. The union then requested arbitration; the employer refused. The union obtained an order, under Code of Civil Procedure sections 1280 and following for arbitration. The employer, claiming lack of jurdisdiction, did not appear at the arbitration, which was held May 18,1960.

1. The question was arbitrable.

Since this matter was submitted, the Supreme Court had decided the case of Posner v. Grunwald-Marx, Inc., 56 Cal.2d 109 [ 14 Cal.Rptr. 297 , 363 P.2d 313 ], That case repudiates the so-called “no dispute” or…