Aluminum Company of America v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, and Uaw Local 808

Appellants, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America and U.A.W. Local 808 (hereinafter “the union”), appeal from the judgment of the United States District Court for the Central District of California, which held that a grievance concerning the fairness of an attendance control plan implemented by Aluminum Company of America (hereinafter “Alcoa” or “the company”) is not subject to arbitration under the terms of the collective bargaining agreement entered into between the parties. We affirm.

In the spring of 1974, Alcoa and the union commenced negotiations for a new labor contract. One of the subjects of negotiation was an Attendance Control Plan (“ACP”) which the company wished to implement. The company described the ACP as “an administrative technique designed to enable management to apply uniform standards to identify employees who may have an attendance problem.” On October 28, 1974, the parties entered into a new collective bargaining agreement. The ACP was not expressly included in the agreement.

Shortly after the October 28,1974, agreement went into effect, Alcoa unilaterally instituted the ACP as a matter of company…