Rusnak

This is an appeal by George Rusnak on behalf of Precision Lodge Number 1600 of the International Association of Machinists and nine of its members from an order confirming an arbitration award and denying a petition to have the award vacated.

Pursuant to a collective bargaining agreement between the union and General Controls Company, a grievance of the nine union members was referred to an impartial arbiter chosen by the parties. Article XVIII, section D of the agreement provided: “The arbiter shall render a decision or award within ten days from the date of the conclusion of the hearings ...” exclusive of Saturdays, Sundays and holidays. The hearing terminated August 16, 1958; August 26th, the arbiter dated and signed an award in favor of the company; the award had not been acknowledged, as required by section 1287 of the Code of Civil Procedure; a copy was mailed to Rusnak on September 5th and received by him the following day; Rusnak returned the award to the arbiter for acknowledgment ; the award was acknowledged on September 19th and mailed to Rusnak, who received it on the 22nd. On behalf of the union and the nine members Rusnak petitioned the court to vacate the award;…