Local Union No. 490, United Rubber, Cork, Linoleum & Plastic Workers Of America, Afl-Cio v. Kirkhill Rubber Company

367 F.2d 956 LOCAL UNION NO. 490, UNITED RUBBER, CORK, LINOLEUM & PLASTIC WORKERS OF AMERICA, AFL-CIO, and the United Rubber, Cork, Linoleum & Plastic Workers of America International Union, AFL-CIO, Appellants, v. KIRKHILL RUBBER COMPANY, a California Corporation, Appellee. No. 20453. United States Court of Appeals Ninth Circuit. Sept. 26, 1966, Supplementary Order, Nov. 21, 1966. Abe F. Levy, Levy, DeRoy, Geffner & Van Bourg, Los Angeles, Cal., for appellants. R. D. Sweeney, J. E. Simpson, Los Angeles, Cal., for appellee. Before JERTBERG and ELY, Circuit Judges, and SMITH, District Judge. ELY, Circuit Judge: 1 This appeal follows a controversy as to the arbitrability of a grievance of one of the appellee's employees. The employee, one Henning, worked two hours and fifteen minutes on Sunday, October 18, 1964. Applying its interpretation of article IV, section 5, of a collective-bargaining agreement, 1 the employer paid Henning at twice his straight-time rate, $2.64 per hour, or $5.28 per hour, for a total of $11.88 for the two hours and fifteen minutes of work. After receiving the payment the employee complained to the union representative. His contention, with which…