Operating Engineers Local Union No. 3 v. Crooks Bros. Tractor Company

This action was brought by the appellant union to compel respondent employer to arbitrate a dispute arising over the discharge by respondent of one of its employees. The. district court concluded that under the terms of the collective' bargaining agreement entered into between the parties the dispute was not such a one as the employer had agreed to submit to arbitration. Upon this, ground the action was dismissed.

The complaint alleges:

The collective bargaining agreement between the parties provides in part, Section V:

Section X provides for arbitration.

The district court ruled that insubordination bore on a worker’s qualifications and that the discharge was therefore for grounds upon which the employer had reserved the right to act as sole judge. This, in our judgment, was error.

In United Steel Workers of America v. Warrior and Gulf Navigation Company, 1960, 363 U.S. 574 , 80 S.Ct. 1347, 1348 , 4 L.Ed.2d 1409 , the court considered an agreement which established a grievance procedure ending in arbitration, but also provided:

In holding the particular dispute to be arbitrable, the court stated at pages 582-583 of 363 U.S., at page 1353 of 80 S.Ct.:

Further, at pages…