Lodge 1327, International Association of MacHinists and Aerospace Workers, Afl-Cio v. Fraser & Johnston Company, a Corporation

Fraser & Johnston Company (hereafter the “Company”) appeals from a summary judgment against Lodge #1327 (hereafter the “Union”) which compels it to arbitrate its dispute with the appel-lee Union. The suit was brought under § 301 of the Labor Management Relations Act of 1947 (LMRA), June 23, 1947, c. 120, Title III, § 301, 61 Stat. 156 , 29 U.S.C.A. § 185 (a), which authorizes federal courts to exercise jurisdiction over suits brought to enforce collec tive bargaining agreements. The appeal raises several issues: (1) whether the court’s jurisdiction was' pre-empted by the National Labor Relations Board; (2) whether there were genuine issues of material fact, so that summary judgment should have been denied; (3) whether the Union’s delay or its failure to follow the grievance procedure caused it to lose its right to arbitration. We affirm.

Facts

The basic facts are not in dispute. The Company notified the Union that it planned to move its operations from San Francisco to San Lorenzo, and that it planned to lay off its San Francisco employees. The Union, taking the position that the collective bargaining agreement entitled the employees to employment at San Lorenzo, filed unfair…