Brotherhood of Teamsters & Auto Truck Drivers, Local 70 v. Consolidated Freightways Corporation of Delaware

This is an appeal from an order determining the issues in an arbitration pending between the parties.

Alleging an illegal strike or work stoppage, Appellee Employer instituted suit against Appellant Union for breach of contract and damages, pursuant to Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185 . The district court granted appellant’s motion for a stay pending exhaustion of grievance and arbitration procedures required by Article VII of the collective bargaining agreement between the parties.

Appellee Company thereupon filed a grievance pursuant to Article VII, reciting that it recognized that the grievance might reach the Joint Council No. 7 Labor-Management Committee and result in a deadlock, and that should that situation arise, it requested appropriate action by “that committee to submit this grievance to an impartial arbitrator for hearing and the determination of damages” suffered by appellee.

Appellee Company’s grievance came on for hearing before the Joint Council 7 Labor-Management Committee. The Committee formulated the grievance before it in the following motion for resolution:

The Committee deadlocked on that motion.

The Committee, pursuant…