General Telephone Company of California v. Communications Workers of America

Appellant appeals from an order of the District Court directing it to arbitrate a dispute under a collective bargaining agreement between the parties.

The agreement applied only to wage earning employees. The phrase “wage earning employees” is defined to mean those persons on the payroll of the company whose remuneration is expressed in the form of hourly wages.

The dispute involves the discharge of a supervisor of appellant who, until September 1, 1964, was a wage earning employee. On that date, he was promoted to management with the rank of supervisor. He was discharged on February 4, 1965. Appellee concedes that the promotion was made in entire good faith. The company assigned, as grounds for dismissal, three acts of misconduct. At least one of the acts, and probably two, occurred after the time the employee attained the rank of supervisor.

Both appellant and appellee rely on the legal philosophy expressed in Textile Workers Union of America v. Lincoln Mills, 353 U.S. 448 , 77 S.Ct. 923 , 1 L.Ed.2d 972 (1957), and its offshoots, United Steelworkers of America v. American Mfg. Co., 363 U.S. 564 , 80 S. Ct. 1343 , 4 L.Ed.2d 1403 (1960); United Steelworkers of America v.…